Vice President Jagdeep Dhankar, on January 11, stated that Parliamentary sovereignty must not be diminished or compromised by the Executive and the Judiciary. The public posturing or “one upmanship” that is frequently being observed in this matter isn’t “wholesome.”

“In a democracy, the basic of any basic structure’ must be the supremacy or mandate of the people. Accordingly, Parliament’s primacy and sovereignty is inviolable,” said Mr. Dhankar at the 83 All India Presiding Officers Conference.

“Can the power of Parliament to amend the constitution depend on any other institution?” “Can any organization or institution claim that this requires our stamp?” he inquired.

Citing National Judicial Appointments Commission Bill. The Vice President stated that there was complete unity in the Lok Sabha when the Constitutional Amendment Bill was passed. There was not one voice that disagreed. Rajya Sabha saw unanimity, but one abstention.

“But on October 16, 2015 the highest court in land ruled in a 4-1 verdict that both the 99th Constitution Amendment Act, 2014. and the National Judicial Appointments Commission Act (NJAC), 2014. were unconstitutional based on the assumption of being in violation the basic structure.

“This is not a challenge for the judiciary, but that has never happened anywhere else in this world. He said, “How could Parliament’s sovereignty have been compromised.”

Mr Dhankar made similar remarks about the NJAC Bill at his inaugural address to Rajya Sabha on Dec 7, where he stated that “there was no precedent to such a developmental in democratic history in which a duly legislated constitutional prescription had been judicially undone”.

On Wednesday, Mr Dhankar stated at the AIPOC that it was in 1973 that the Supreme Court developed the right for courts in order to strike down constitutional amends that violate the “Basic Structure”, which is the fundamental architecture of Constitution.

He stated, “I do not subscribe with due respect for the judiciary.”

“In the years that followed, the highest court made significant rulings on matters it considered pivotal to the Basic Structure’. This led to compromise of parliamentary sovereignty. 

Dr. B.R. Ambedkar stated that it is important to recall that the Constitution does not provide for a Third Superior Chamber to approve the legislations of the two Houses.

By admin

Leave a Reply

Your email address will not be published.