Jagdeep Dhankhar on Supreme Court: Vice President Jagdeep Dhankhar expressed concern over a recent order of the Supreme Court, saying that there was no imagination of democracy in India where judges would make laws and perform executive responsibility and work as ‘Super Parliament’. The Vice President referred to the order of the Supreme Court in which the President has been fixed to take a deadline to decide the bill within three months. The Vice President said that this is the first time when the President is being asked to take a decision in the scheduled time.
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Dhankhar has said these things at the closing ceremony of the Rajya Sabha Internship program. But, what he has said has created a stir not only in the political corridors, but also among the common people of the country.
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“We cannot have a situation where you dictate to the president of India.”
And for the second line:
Indian Judiciary Needed A Reality Check – & Jagdeep Dhankhar Saab delivered it straight to their face! pic.twitter.com/rxcx0elgyj
– Bala (@erbmjha) April 17, 2025
Addressing a program of Rajya Sabha trainees, the Vice President said that the President has been directed in a recent decision. Where are we going? What is happening in the country? We need to be extremely sensitive about this. We did not imagine this day, where the President will be asked to take a decision in the scheduled time and if they do not take the decision then the law will be made. The Vice President said that now the judges will decide on legislative things. They will be the only executive responsibility and will work as a super parliament. They will not have any accountability because the law of this country does not apply to them.
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Rajya Sabha Chairman Jagdeep Dhankhar said, “Some judges make laws, play the role of executive and behaved like a super parliament.” He has described Article 142 of the Constitution as a ’24 -hour nuclear missile’ for the judiciary. This is such a statement, the more it is as sharp, the more symbolic.
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#Watch | Delhi | Vice-President Jagdeep Dhankhar Says, “… We cannot have a situation where you direct the president of India and on what bases? 145 (3). There, it has five judges… pic.twitter.com/u7n9ve3fzx
– ANI (@ani) April 17, 2025
Expressing deep enraged on Judicial Overch, Judicial Activism, India’s Vice President Jagdeep Dhankhar has opened the Pandora box of controversies on Thursday, on which the democratic foundation of the Indian Republic rests. The Constitution of India divides the powers between the executive, legislature and the judiciary. There is a system of control and balance between these three organs.
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Dhankhar gave such anger on the powers and obligations of the legislature and the judiciary that a debate has started from the corridors of power to the chambers of the judiciary. The main argument of Dhankhar’s speech is that the judiciary should follow its constitutional boundaries and respect the autonomy of democratic institutions. However, the approach of the Supreme Court is that it can interfere to ensure constitutionality and justice.
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What is the meaning of Jagdeep Dhankhar’s statement?
In fact, on 8 April 2025, the Supreme Court gave a historic verdict in the Tamil Nadu Government vs. Governor case. In this judgment, the court said that if the governor sends a bill for the idea of the President, the President will have to take a decision on it within three months. If there is a question on the constitutionality of the Bill, the President should consult the Supreme Court under Article 143 of the Constitution.
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The Supreme Court said that according to Article 201, when a bill is sent by the Governor to the President, the President either has to agree or disagree. However, no deadline for this process has been fixed in the constitution. The bench of Supreme Court Justice JB Pardiwala and Justice R. Mahadevan had said that the status of the law is established that even if no deadline is specified in any provision, that power should still be used within a proper time. The bench had directed that we determine that the President needs to take a decision on the Bills sent by the Governor within three months from the date of receipt of that reference.
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His intervention in cases like the Supreme Court’s directive and Waqf law on the powers of the President exposes some kind of tension between the Executive-Nayalika and Legislature-Nayalika. Such stress and conflict opportunities are rarely seen in India’s governance. Dhankhar’s statement carries forward the debate to set boundaries between the judiciary and democratic institutions. This is not only a legal issue, but a question related to the basic structure of Indian democracy.
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Is the judiciary crossing dignity?
Dhankhar can disagree with the words of Dhankhar, but it is difficult to completely dismiss them. When a person sitting on a constitutional position questions the role of the judiciary from the public platform, he is not just a personal opinion, he is like an invitation to debate the land of power balance among democratic institutions. The Constitution of India clearly divides the powers between the three pillars – legislature, executive and judiciary – and at the same time there has been many arrangements for balance. But, the reality is that in the last few years the role of the judiciary has started to arise whether she is going out of its scope?
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