News Analysis India

Tag: Jagdeep Dhankar

  • MP suspension: RS chairman revokes suspension of 11 opposition MPs held guilty of breach of privilege: Sources

    New Delhi, The Rajya Sabha Privileges Committee on Tuesday held 11 suspended opposition MPs guilty of breach of privilege and contempt of the Council of States, but Chairman Jagdeep Dhankhar revoked their suspension allowing them to attend the Budget session, sources said. In its report to the Rajya Sabha chairman a day before the session starts on Wednesday, the committee also recommended that the period of suspension already suffered by the members be treated as “sufficient punishment” for the transgression. The MPs held “guilty of breach of privilege and contempt of the Council” of States are Jebi Mather Hisham, L Hanumanthaiah, Neeraj Dangi, Rajmani Patel, Kumar Ketkar, G C Chandrashekhar, Binoy Viswam, Sandosh Kumar P, M Mohamed Abdulla, John Brittas and A A Rahim. The committee presented the report to Dhankhar, taking note of the situation that the suspended members would not be able to attend the special address of President Droupadi Murmu to both Houses of Parliament, the first address in the new building of Parliament, on Wednesday.

    The committee usually submits its recommendations to the House.

    The sources said the chairman invoked the authority vested in him under the rules of procedure to revoke their suspension enabling the members to attend the special address by the president. The matter of 11 MPs suspended by the chairman during the Winter session of Parliament were referred to the Privileges Committee.

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  • Basic structure doctrine a North Star that guides interpreters of Constitution, says CJI Chandrachud

    By PTI

    MUMBAI: Chief Justice of India D Y Chandrachud on Saturday called the basic structure doctrine a North Star that guides and gives a certain direction to the interpreters and implementers of the Constitution when the path ahead is convoluted.

    The remarks by the CJI came against the backdrop of the recent remarks by Vice President Jagdeep Dhankhar who questioned the landmark 1973 Kesavananda Bharati case verdict that gave the basic structure doctrine.

    Dhankar had said the verdict set a bad precedent and if any authority questions Parliament’s power to amend the Constitution, it would be difficult to say “we are a democratic nation.”

    Delivering the Nani A Palkhivala Memorial Lecture here, the CJI said the craftsmanship of a judge lies in interpreting the text of the Constitution with the changing times while keeping its soul intact.

    “The basic structure of our Constitution, like the north star, guides and gives a certain direction to the interpreters and implementers of the Constitution when the path ahead is convoluted,” he said.

    “The basic structure or the philosophy of our Constitution is premised on the supremacy of the Constitution, rule of law, separation of powers, judicial review, secularism, federalism, freedom and the dignity of the individual and the unity and integrity of the nation.”

    The CJI said that from time to time, we require people like Nani Palkhivala, who was an eminent jurist, to hold candles in their steady hands to light the world around us. “Nani told us that our Constitution has a certain identity which cannot be altered.”

    He said the doctrine of basic structure has shown that it might be beneficial for a judge to look at how other jurisdictions have dealt with similar problems for them.

    The basic structure principle became the ground for setting aside several Constitutional amendments, including the quashing of the Constitutional amendment and the corresponding NJAC Act on the appointment of judges in the higher judiciary.

    ALSO READ | WEB SCRAWL:  In defense of the collegium

    Dhankhar, who is the Rajya Sabha chairman, recently said he does not subscribe to the Kesavananda Bharati case verdict that Parliament can amend the Constitution but not its basic structure. He had asserted that parliamentary sovereignty and autonomy are quintessential for the survival of democracy and cannot be permitted to be compromised by the executive or judiciary.

    Addressing the 83rd All India Presiding Officers Conference in Jaipur on January 11, he said the judiciary cannot intervene in lawmaking. “In 1973, a wrong precedent (galat parampara) started.”

    “In 1973, in the Kesavananda Bharati case, the Supreme Court gave the idea of basic structure saying Parliament can amend the Constitution but not its basic structure. With due respect to the judiciary, I cannot subscribe to this,” Dhankhar, who has been a Supreme Court lawyer, said.

    Dhankar’s statement came against the backdrop of a raging debate on the issue of appointment to the higher judiciary with the government questioning the current Collegium system and the Supreme Court defending it.

    In his lecture, Justice Chandrachud said the identity of the Indian Constitution has evolved through the interaction of Indian citizens with the Constitution and has been accompanied by judicial interpretation.

    “The craftsmanship of a judge lies in interpreting the text of the Constitution with the changing times while keeping its soul intact,” he added.

    The CJI also observed that India’s legal landscape has undergone a significant change in recent decades in favour of removing “strangulating regulations, augmenting consumer welfare and supporting commercial transactions.”

    He said the emerging world economy has erased national boundaries, and companies no longer stop at the border.

    “In recent decades, India’s legal landscape has also undergone a significant change in favour of removing strangulating regulations, augmenting consumer welfare and supporting commercial transactions.”

    The CJI noted that legislations such as the Competition law and the Insolvency and Bankruptcy Code have been enacted to promote fair market competition.

    Similarly, the Goods and Services Tax (GST) has sought to streamline indirect taxation on the supply of goods and services in India, he added.

    “If you look at the Constitution, it does not favour unbounded economic liberalism. Rather, our Constitution seeks to find the right balance.”

    The CJI further said the Constitution allows the state to change and evolve its legal and economic policies to meet societal demands.

    He said that when individuals have the opportunity to exercise their liberties and to be fairly rewarded for their efforts, then economic justice becomes one of the many interrelated dimensions of life.

    Ultimately, we share common faiths and destinies to the point that the development of each individual fosters social justice in the entire world, he added.

    “We have come a long way from the time when getting a phone required you had to wait for a decade, and buying your car even longer at times. We have come a long way from the time of the control of capital issues,” he added.

    Talking about Palkhivala and several prominent cases in which he was involved, the CJI said the eminent jurist was at the forefront of preserving the very identity and cardinal principle embedded in the Constitution.

    “Nonetheless, the larger picture of legal culture and local dimensions of law, which are dictated by the local context, should never be obfuscated. Law is always grounded in social realities.”

    MUMBAI: Chief Justice of India D Y Chandrachud on Saturday called the basic structure doctrine a North Star that guides and gives a certain direction to the interpreters and implementers of the Constitution when the path ahead is convoluted.

    The remarks by the CJI came against the backdrop of the recent remarks by Vice President Jagdeep Dhankhar who questioned the landmark 1973 Kesavananda Bharati case verdict that gave the basic structure doctrine.

    Dhankar had said the verdict set a bad precedent and if any authority questions Parliament’s power to amend the Constitution, it would be difficult to say “we are a democratic nation.”

    Delivering the Nani A Palkhivala Memorial Lecture here, the CJI said the craftsmanship of a judge lies in interpreting the text of the Constitution with the changing times while keeping its soul intact.

    “The basic structure of our Constitution, like the north star, guides and gives a certain direction to the interpreters and implementers of the Constitution when the path ahead is convoluted,” he said.

    “The basic structure or the philosophy of our Constitution is premised on the supremacy of the Constitution, rule of law, separation of powers, judicial review, secularism, federalism, freedom and the dignity of the individual and the unity and integrity of the nation.”

    The CJI said that from time to time, we require people like Nani Palkhivala, who was an eminent jurist, to hold candles in their steady hands to light the world around us. “Nani told us that our Constitution has a certain identity which cannot be altered.”

    He said the doctrine of basic structure has shown that it might be beneficial for a judge to look at how other jurisdictions have dealt with similar problems for them.

    The basic structure principle became the ground for setting aside several Constitutional amendments, including the quashing of the Constitutional amendment and the corresponding NJAC Act on the appointment of judges in the higher judiciary.

    ALSO READ | WEB SCRAWL:  In defense of the collegium

    Dhankhar, who is the Rajya Sabha chairman, recently said he does not subscribe to the Kesavananda Bharati case verdict that Parliament can amend the Constitution but not its basic structure. He had asserted that parliamentary sovereignty and autonomy are quintessential for the survival of democracy and cannot be permitted to be compromised by the executive or judiciary.

    Addressing the 83rd All India Presiding Officers Conference in Jaipur on January 11, he said the judiciary cannot intervene in lawmaking. “In 1973, a wrong precedent (galat parampara) started.”

    “In 1973, in the Kesavananda Bharati case, the Supreme Court gave the idea of basic structure saying Parliament can amend the Constitution but not its basic structure. With due respect to the judiciary, I cannot subscribe to this,” Dhankhar, who has been a Supreme Court lawyer, said.

    Dhankar’s statement came against the backdrop of a raging debate on the issue of appointment to the higher judiciary with the government questioning the current Collegium system and the Supreme Court defending it.

    In his lecture, Justice Chandrachud said the identity of the Indian Constitution has evolved through the interaction of Indian citizens with the Constitution and has been accompanied by judicial interpretation.

    “The craftsmanship of a judge lies in interpreting the text of the Constitution with the changing times while keeping its soul intact,” he added.

    The CJI also observed that India’s legal landscape has undergone a significant change in recent decades in favour of removing “strangulating regulations, augmenting consumer welfare and supporting commercial transactions.”

    He said the emerging world economy has erased national boundaries, and companies no longer stop at the border.

    “In recent decades, India’s legal landscape has also undergone a significant change in favour of removing strangulating regulations, augmenting consumer welfare and supporting commercial transactions.”

    The CJI noted that legislations such as the Competition law and the Insolvency and Bankruptcy Code have been enacted to promote fair market competition.

    Similarly, the Goods and Services Tax (GST) has sought to streamline indirect taxation on the supply of goods and services in India, he added.

    “If you look at the Constitution, it does not favour unbounded economic liberalism. Rather, our Constitution seeks to find the right balance.”

    The CJI further said the Constitution allows the state to change and evolve its legal and economic policies to meet societal demands.

    He said that when individuals have the opportunity to exercise their liberties and to be fairly rewarded for their efforts, then economic justice becomes one of the many interrelated dimensions of life.

    Ultimately, we share common faiths and destinies to the point that the development of each individual fosters social justice in the entire world, he added.

    “We have come a long way from the time when getting a phone required you had to wait for a decade, and buying your car even longer at times. We have come a long way from the time of the control of capital issues,” he added.

    Talking about Palkhivala and several prominent cases in which he was involved, the CJI said the eminent jurist was at the forefront of preserving the very identity and cardinal principle embedded in the Constitution.

    “Nonetheless, the larger picture of legal culture and local dimensions of law, which are dictated by the local context, should never be obfuscated. Law is always grounded in social realities.”

  • In maiden speech, VP Dhankar raps SC verdict on NJAC

    Express News Service

    NEW DELHI:  In his first speech as chairman of the Rajya Sabha, Vice President Jagdeep Dhankar on Wednesday took on the Supreme Court, describing its 2015 verdict that struck down the National Judicial Appointment Commission (NJAC) bill as a glaring instance of severe compromise of parliamentary sovereignty and disregard of people’s mandate.

    Dhankar said there is no parallel in democratic history where a legitimate Constitutional prescription was judicially undone. He underscored Parliament’s position as the exclusive and the ultimate determinative of the architecture of the Constitution.

    “Hon’ble members, there is no parallel to such a development in democratic history where a duly legitimised Constitutional prescription has been judicially undone. It’s a glaring instance of severe compromise of Parliamentary sovereignty,” the V-P said.

    He pointed out that the NJAC bill had received unprecedented bipartisan support but was quashed on the ground that it was not in sync with the basic structure of the Constitution. Calling Parliament the custodian of the “ordainment of the people”, Dhankar also said it was duty bound to address the issue and expressed confidence that it would do so. 

    Democracy blossoms and flourishes when its three facets the legislature, the judiciary and the executive scrupulously adhere to their respective domains, Dhankhar said, adding that the doctrine of separation of powers must be respected. “Any incursion by one institution in the domain of the other has the potential to upset the governance apple cart,” he said.

    Last week, speaking at an event in the presence of Chief Justice of India D Y Chandrachud, Dhankar had said the power of the people reflected through the most certified mechanism on a legitimised platform, was undone.

    NEW DELHI:  In his first speech as chairman of the Rajya Sabha, Vice President Jagdeep Dhankar on Wednesday took on the Supreme Court, describing its 2015 verdict that struck down the National Judicial Appointment Commission (NJAC) bill as a glaring instance of severe compromise of parliamentary sovereignty and disregard of people’s mandate.

    Dhankar said there is no parallel in democratic history where a legitimate Constitutional prescription was judicially undone. He underscored Parliament’s position as the exclusive and the ultimate determinative of the architecture of the Constitution.

    “Hon’ble members, there is no parallel to such a development in democratic history where a duly legitimised Constitutional prescription has been judicially undone. It’s a glaring instance of severe compromise of Parliamentary sovereignty,” the V-P said.

    He pointed out that the NJAC bill had received unprecedented bipartisan support but was quashed on the ground that it was not in sync with the basic structure of the Constitution. Calling Parliament the custodian of the “ordainment of the people”, Dhankar also said it was duty bound to address the issue and expressed confidence that it would do so. 

    Democracy blossoms and flourishes when its three facets the legislature, the judiciary and the executive scrupulously adhere to their respective domains, Dhankhar said, adding that the doctrine of separation of powers must be respected. “Any incursion by one institution in the domain of the other has the potential to upset the governance apple cart,” he said.

    Last week, speaking at an event in the presence of Chief Justice of India D Y Chandrachud, Dhankar had said the power of the people reflected through the most certified mechanism on a legitimised platform, was undone.

  • Governor Dhankar in war of words with VCs over functioning of Bengal varsities 

    By PTI

    KOLKATA: The general secretary of the West Bengal Vice-Chancellors’ Council on Saturday said no convocation was held on the campuses of the state universities in the last two years due to the pandemic, as Governor Jagdeep Dhankhar lamented that he was not being invited to the ceremonies though he was the chancellor.

    Noting that the state of universities in West Bengal was worrisome, Dhankhar at a programme on Friday said he was unable to “sleep at night” because of the situation.

    “What the governor has said does not reflect the real situation. How many convocations were held on campuses in the last two years? Please remember how the pandemic affected everything,” Subiresh Bhattacharya, the general secretary of Upacharjya Parishad or VC Council, told PTI.

    Addressing the National Students’ Convocation of the Institute of Cost Accountants of India, Dhankhar also raised concern over “unionism of the VCs” against him, referring to the meetings that he had called, which were ducked by the vice-chancellors.

    Bhattacharya, who is the vice-chancellor of the University of North Bengal, said, “There is a mechanism for calling such meetings.”

    “If the mechanism is followed, the VCs will go as per the rules. The governor is our chancellor,” he said.

    The vice-chancellor of another state university, who refused to be identified, said the governor was invited to the convocations of Jadavpur University and Calcutta University in December 2019 and January 2020, respectively, but faced protests by students.

    “After that, the pandemic happened.”

    The issue escalated to a political fist-fight between the opposition BJP and the ruling TMC.

    “What the governor said is very true and it doesn’t bring glory to the state if the VCs of state universities treat him in such a manner at the behest of the Trinamool Congress government,” BJP spokesperson Samik Bhattacharya said.

    Bhattacharya claimed he was told by the VC of a private university how he was cautioned after attending a meeting convened by the governor.

    TMC spokesperson Kunal Ghosh said the governor should introspect how he was acting in favour of the BJP.

    “The governor is trying to become a super authority by summoning the VCs and issuing letters questioning different moves of the Higher Education Department,” Ghosh said.

    The Higher Education Department refused to comment on the fiasco.

  • 4th State Finance Commission continued beyond 5-year term in violation of Constitution: Bengal Governor

    By PTI

    KOLKATA: Alleging that the Fourth State Finance Commission continued beyond its five-year tenure in violation of the Constitution, West Bengal Governor Jagdeep Dhankhar on Sunday said members of the panel are “liable to return salary” and “all expenses need to be recovered as public money cannot be so squandered”.

    He also claimed the SFC did not make recommendations to the governor since 2014, which, he described as “collapse of constitutional mechanism”.

    “SFC under constitution is for five years. Fourth SFC @MamataOfficial continued beyond in violation of Constitution. Chairman and Members are liable to return salary and perks to State and all expenses need to be recovered from concerned as Public money cannot be so squandered,” he said on Twitter.

    However, Abhirup Sarkar, the chairman of the Fourth State Finance Commission, told PTI that the members of the panel did not receive any fee after submitting their report to Chief Minister Mamata Banerjee in February 2016.

    The fourth SFC was constituted by the West Bengal government in April 2013.

    Asked about the allegation, Sarkar said, “There were three part-time members of the commission.

    They used to get sitting fees for their meetings.

    We have not received any money after submitting our report in February 2016.

    No new SFC has been formed yet.

    ” Notably, Dhankhar and Mamata Banerjee’s TMC government have been at loggerheads ever since he assumed office in 2019.

    “State Finance Commission (SFC) @MamataOfficial under Articles 243-I & 243Y, is required to make recommendations to Governor that are to be laid before the Legislature of the State.

    What a collapse of constitutional mechanism, since 2014 not a single recommendation to Governor,” Dhakhar said on the microblogging site.

    He also said, “Recommendations to Governor are for principles that should govern the distribution between state and panchayats/municipalities of net proceeds of taxes, duties, tolls and fees leviable @MamataOfficial, which may be divided and allocated between state and panchayats/municipalities.”  

  • No iota of truth: Dhankhar rejects Mamata’s claim he was named in Jain Hawala case chargesheet

    By PTI
    KOLKATA: Rejecting West Bengal Chief Minister Mamata Banerjee’s allegation that he was a “corrupt” man who was charge-sheeted in the Jain Hawala Case, Governor Jagdeep Dhankhar on Monday accused her of spreading “lies and misinformation”.

    Dhankhar described Banerjee’s accusations against him as a “knee-jerk reaction” to his raising questions over the contents of the speech he is supposed to read out at the start of the upcoming assembly session.

    “The allegations levelled by Chief Minister Mamata Banerjee don’t have an iota of truth. It is unfortunate that she is spreading misinformation and misinterpreting facts. It doesn’t suit a chief minister to make such allegations,” he told reporters.

    Earlier in the day, Banerjee alleged at a press conference that Dhankhar is a “corrupt” man and was named in a charge-sheet in the 1996 Jain Hawala case.

    “She should name the chargesheet in which I was named. I was never named in any of the chargesheets in the Jain Hawala Case,” he said while referring to Banerjee as her “younger sister”.

    Jain Hawala Case was a huge politial and financial scandal in the 1990s in which money routed through hawala channels was claimed to have been given to top politicians across various parties.

    Those named included L K Advani, V C Shukla, Sharad Yadav, and many more.

    However, the charges against them didn’t stand legal scrutiny and the case fell through.

    Dhankhar, who shares a strained relationship with the state government, said he was handed over in the afternoon the governor’s speech to be read out in the assembly.

    “Just 10 minutes before her press conference, I received a call from her. I put forward some questions regarding the governor’s speech. She said she has nothing to do (with the speech) as the cabinet had passed it. It seems her comment at the press conference was a knee-jerk reaction,” he said.

  • Situation due to post-poll violence in Bengal alarming, worrisome: Guv Dhankhar

    Jagdeep Dhankhar, who embarked on a week-long visit to North Bengal earlier in the day, slammed the state government for how it dealt with complaints of violence following the assembly elections.

  • ‘Ego prevailed over public service’: Dhankhar on Mamata skipping PM meet

    By PTI
    KOLKATA: West Bengal Governor Jagdeep Dhankhar on Tuesday stirred fresh controversy by saying “ego prevailed over public service” on Chief Minister Mamata Banerjee skipping Prime Minister Narendra Modi’s meeting to review post-cyclone damages on May 28.

    Terming the governor’s comment “unfortunate”, the ruling party in the state asserted that the chief minister is involved in public service 24/7 and all her actions are prompted by her concern for the interests of the state.

    Dhankhar said the chief minister had called him up before the meeting at Kalaikunda in Paschim Medinipur district and indicated that she won’t attend it if Leader of Opposition Suvendu Adhikari is present in it.

    “Constrained by false narrative to put record straight: On May 27 at 2316 hrs CM @MamataOfficial messaged ‘may I talk? urgent’,” Dhankhar tweeted.

    “Thereafter on phone indicated boycott by her & officials of PM Review Meet #CycloneYaas if LOP @SuvenduWB attends it. Ego prevailed over Public service,” he said in another Twitter post.

    Besides Adhikary, Dhankhar and BJP MP Debasree Chaudhuri were present in the meeting.

    The chief minister said she had skipped the meeting because “a BJP MLA has no locus to be present in a PM-CM meeting”.

    Adhikari has defeated Banerjee in Nandigram seat in the recent assembly elections.

    In a letter to the prime minister on Monday, Banerjee had written, “I wanted to have a quiet word with you, a meeting between the PM and the CM as usual. You, however, revised the structure of the meeting to include a local MLA from your party and I am of the view that he had no locus to be present in a PM-CM meeting.”

    Banerjee had also mentioned in the letter that she had no objection to the presence of the governor and other Union ministers in the meeting.

    Reacting to Dhankhar’s tweet, senior TMC leader and Lok Sabha MP Saugata Roy said, “The governor has no right to say such things. The CM is working round the clock for the interest of the state. She knows what to do.”

    Senior TMC leader and state minister Chandrima Bhattacharya had on Monday claimed that the chief minister had to wait for 30 minutes to meet the prime minister on May 28.

    “After she met him, Banerjee submitted details about the damages caused by cyclone Yaas and then sought his permission to leave for a pre-scheduled programme in Purba Medinipur district,” Bhattacharya had said.

    However, after the Kalaikunda episode, a fresh Centre-state tussle was witnessed over the services of the then Chief Secretary Alapan Bandopadhyay, who had accompanied the chief minister to the meeting.

    Later on May 28, the Union government sent a letter to Bandopadhyay recalling him for central deputation.

    Banerjee strongly protested, saying it contradicts the Centre’s approval for extension of Bandopadhyay’s services as the CS by three months due to the cyclone and COVID situation in the state.

    Banerjee sent a letter to the prime minister over the issue on Monday and appointed Bandopadhyay as her chief adviser for three years, after allowing him to retire.

  • File complaint against Bengal Guv Jagdeep Dhankar, can be prosecuted after his term is over: TMC MP

    Speaking to the media personnel on Sunday, Banerjee alleged that the West Bengal Governor has directly transferred the case (Narada) to CBI, which is against the Constitution.

  • Trinamool MP launches scathing attack on Bengal governor

    By Express News Service
    KOLKATA:  Trinamool Congress MP Kalyan Banerjee on Sunday launched a scathing attack on West Bengal Governor Jagdeep Dhankhar, asking the public to lodge complaints against him with the police. Kalyan accusing the governor of being hand in gloves with the BJP and being involved in a conspiracy to arrest Trinamool Congress MLAs in connection with Narada sting operation case. 

    He also said once Dhankhar’s term as governor ends, he can be prosecuted on the basis of the complaints filed by the people and lodged in the same Presidency jail where the TMC MLAs were lodged. Kalyan also called the constitutional head of the state a “blood sucker” and a butcher of the constituency.

    “The governor secured the arrest of our MLAs. The central agency wrote to him seeking permission to prosecute the accused. But, he gave the nod on May 7. If details of governor’s call records are made public, his involvement in the arrest will become clear.

    I request all to lodge complaints against the governor so that once his term end, he can be prosecuted and sent to the same Presidency jail where our leaders were lodged,” said Kalyan. “He is the butcher of Constitution,” Kalyan said.