'No Authority Above Parliament': VP Jagdeep Dhankhar On Debate Over Executive Vs Judiciary

In his continued criticism on 'judicial overreach' following the Supreme Court's three-month deadline for the President to take decision on bills referred by governors, Vice President Jagdeep Dhankhar on Tuesday said, "there is no visualisation in Constitution of any authority above Parliament."

While speaking at Delhi University, he said, "There is no visualisation in Constitution of any authority above Parliament. Parliament is supreme and that being the situation, let me tell you, it is as supreme as every individual in the country," he further added, according to PTI.

His fresh remarks came just a day after the top court made a passing remark on allegations of judicial overreach by a section of BJP leaders while hearing a petition seeking President's rule in violence-hit West Bengal.

"You want us to issue a writ of mandamus to the President to impose this? As it is, we are facing allegations of encroaching into the executive (domain)", Justice BR Gavai said on Monday while hearing the petition seeking the President's rule in Bengal, as per a report by India Today.

'No Authority Above Parliament': What All Did The Vice-Present Say?

"I find it conceivably intriguing that some have recently reflected that constitutional offices can be ceremonial or ornamental. Nothing can be far distanced from a wrong understanding of the role of everyone in this country -- constitutional functionary or a citizen," he said, as per PTI.

Stating that everyone of them has a role, he said, "The soul of democracy resides and pulsates in every citizen. Democracy will blossom. Its values will get heightened. When citizen is alert, citizen contributes and what a citizen contributes, there is no substitute for that." Dhankhar also said that there is no visualisation in the Constitution of any authority above Parliament.

"Part of 'We the People' is an atom in democracy and that atom has atomic power. That atomic power is reflected during elections and that is why we are a democratic nation," Dhankhar, who is also the Rajya Sabha chairperson, underlined.

"Our silence might be very dangerous. Thinking minds have to be contributors to preserving our legacy. We cannot allow rundown institutions or tarnishing individuals. Every word by the constitutional authority is guided by the constitution", he continued.

"We must take pride in our Bhartiyata. How can our democracy tolerate disruption. Public property being burnt. Public order disrupted. We must neutralise these forces. First by counselling and even if a bitter pill is required," he said.

Nishikant Dubey's Attack On SC

Amid VP Dhankhar's criticism over judicial overreach, fourth-term BJP MP from Godda in Jharkhand, Nishikant Dubey recently launched a scathing attack on the apex court that the Parliament and State Assemblies should be closed down if the Supreme Court has to make the laws.

Alleging that the top court was going beyond its powers, he said that the court is striking down laws passed by Parliament and even directing the President, who appoints Supreme Court judges.

Dubey's verbal attack targeting the country's top court came following the Centre's assurance to the court that it would not be implementing some of the contentious provisions of the Waqf (Amendment) Act till the next day of hearing after the court raised questions over them.

"Supreme Court is responsible for inciting religious wars in the country. The Supreme Court is going beyond its limits. If one has to go to the Supreme Court for everything, then Parliament and State Assembly should be shut" ANI quoted Dubey as saying.

Citing Article 368 of the Constitution, the senior BJP leader said that law-making is the job of Parliament, and the Supreme Court is meant to interpret the laws. The court can order the government but not Parliament, he asserted.

According to PTI, Dubey appeared to question the court's critical observations on the Act's dilution of the "Waqf by use" provision, saying it has sought documentary proof in cases involving temples, including Ram Mandir in Ayodhya, but has chosen to ignore the similar need in the ongoing case.

Besides the current developments on Waqf Act, Dubey also pointed to past rulings of the Supreme Court like the decriminalisation of homosexuality and the scrapping of Section 66(A) of the IT Act as examples of its "overreach".