Jagdeep Dhankar questions #39;basic structure#39; doctrine, says Parliament#39;s sovereignty cannot be compromised by judiciary

PTI

January 12, 2023 / 10:05 AM IST

Vice President Jagdeep Dhankhar questioned the landmark 1973 Kesavananda Bharati lawsuit verdict that gave the basal operation doctrine, saying it acceptable a atrocious precedent and if immoderate authorization questions Parliament's powerfulness to amend the Constitution, it would beryllium hard to accidental 'we are a antiauthoritarian nation'.

As helium again criticised the scrapping of the National Judicial Appointments Commission (NJAC) Act successful 2015 by the apex court, Dhankhar said helium does not subscribe to the Kesavananda Bharati lawsuit ruling that Parliament tin amend the Constitution but not its basal structure.

The basal operation rule became the crushed for mounting speech respective Constitutional amendments, including the quashing of the Constitutional amendment and the corresponding NJAC Act connected the assignment of judges successful the higher judiciary.

In the NJAC verdict, the apex tribunal held that the instrumentality violated the rule of independency of the judiciary which was a basal tenet of the Constitution.

Dhankhar, who is the Rajya Sabha chairman, connected Wednesday asserted that parliamentary sovereignty and autonomy are quintessential for the endurance of ideology and cannot beryllium permitted to beryllium compromised by the enforcement oregon judiciary.

Addressing the 83rd All India Presiding Officers Conference here, helium said that the judiciary cannot intervene successful lawmaking.

"In 1973, a incorrect precedent (galat parampara) started.

"In 1973, successful the Kesavananda Bharati case, the Supreme Court gave the thought of basal operation saying Parliament tin amend the Constitution but not its basal structure. With owed respect to the judiciary, I cannot subscribe to this," Dhankhar, who has been a Supreme Court lawyer, said.

He asked, "Can Parliament beryllium allowed that its verdict volition beryllium taxable to immoderate authority... The enforcement has to travel laws and the judiciary cannot intervene successful law-making." "If immoderate instauration connected immoderate ground strikes down the instrumentality passed by parliament past it volition not beryllium bully for ideology and would beryllium hard to accidental we are a antiauthoritarian nation," the Rajya Sabha Chairman said.

Talking astir the judiciary scrapping the NJAC Act, Dhankhar said it was "a script possibly unparalleled successful the antiauthoritarian past of the world".

"The enforcement is ordained to beryllium successful compliance with the law medicine emanating from Parliament. It was obligated to adhere to the NJAC. Judicial verdict cannot tally it down," helium said.

Parliamentary sovereignty cannot beryllium permitted to beryllium diluted oregon compromised by the enforcement oregon the judiciary, helium further said.

His connection comes successful the backdrop of a raging statement connected the contented of assignment to the higher judiciary with the authorities questioning the existent Collegium strategy and the Supreme Court defending it.

Dhankhar said nary instauration tin wield powerfulness oregon authorization to neutralise the mandate of people.