Senior lawyer and Member of Parliament Kapil Sibal strongly defended the judiciary's role in stepping in when the executive fails to act, while criticizing Vice President Jagdeep Dhankhar for his remarks against a recent Supreme Court verdict.
Speaking at a press conference, Sibal emphasized that the President holds only a ceremonial role, pushing back against Dhankhar라이브 바카라 disapproval of a Supreme Court ruling that mandates the President to act within three months on bills forwarded by state governors.
“If the executive isn’t fulfilling its responsibilities, the judiciary has every right to intervene,” Sibal said. “The independence of the judiciary is essential to the survival of democracy in this country.”
Sibal said he had never seen any Rajya Sabha chairperson make such "political statements".
"I was saddened and surprised to see Jagdeep Dhankhar's statement. If any institution is trusted throughout the country in today's time, it is the judiciary... The President is only a titular head. The President acts on the authority and advice of the Cabinet. The President does not have personal powers," Sibal said.
Earlier this month, the top court set aside the Tamil Nadu Governor's decision to withhold assent to pending bills. While doing so, the court, for the first time, directed that the President should decide on bills referred by governors within three months.
Hitting out the top court, Dhankhar said it cannot become a "super parliament" and begin directing the President. The Vice President also said that Article 142 of the Constitution has become a "nuclear missile" against democratic forces, available to the judiciary 24x7.
Article 142 gives the Supreme Court special powers to issue orders to ensure "complete justice" in any matter.
Sibal said such statements look as if the judiciary was being taught a "lesson" and it should not be attacked in this manner by the executive.
"How can you say this? Article 142 has given powers to the Supreme Court, and it is given by the Constitution, and not by the government, to do complete justice... What was a nuclear missile was notebandi (demonetisation). Tab takleef nai hui kisi ko?" Sibal said.
