GUWAHATI: In the wake of a recent Supreme Court judgment setting a time frame for the President and Governors to act on legislative Bills, Vice-President Jagdeep Dhankhar has strongly criticised what he described as judicial overreach. Speaking to the sixth batch of Rajya Sabha interns, Dhankhar expressed serious concerns over the expanding powers of the judiciary and its increasing role in areas traditionally handled by the Executive and Legislature.
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Referring to Article 142 of the Constitution, which allows the Supreme Court to pass orders to ensure "complete justice," Dhankhar said, "It has become a nuclear missile against democratic forces, available to the judiciary 24x7."
Dhankhar voiced particular discomfort with the judiciary issuing directives to the President of India, asserting that such actions distort the balance of power. "We cannot have a situation where courts direct the President. The only constitutional authority courts have is to interpret the law under Article 145(3), and that too through a bench of five or more judges," he said.
His comments were in direct reference to a Supreme Court verdict related to Tamil Nadu Governor RN Ravi’s delay in granting assent to 10 Bills. The court had termed the delay “illegal and arbitrary,” and effectively set a three-month deadline for Governors and the President to act on Bills passed for the second time by state legislatures.
The Vice-President also addressed the controversy surrounding a massive cash seizure from the home of Delhi High Court judge Yashwant Varma, which reportedly occurred on the night of March 14–15. “For seven days, the incident remained hidden. It only came to light on March 21 when a newspaper reported it. Why the delay? Is this justifiable under the rule of law?” Dhankhar asked.
He expressed concern that no First Information Report (FIR) had been filed against the judge, questioning why members of the judiciary appear to enjoy immunity not outlined in the Constitution. “The Constitution only grants immunity from prosecution to the President and Governors. How has a separate category emerged beyond the reach of the law?” he asked.
Dhankhar also challenged the formation of a committee of three judges to look into the cash haul incident, stating that such a panel has no basis in law. “What authority does this committee hold? It can only make recommendations, which ultimately must go to Parliament if action is to be taken. Meanwhile, critical evidence may be lost. Investigations require speed and efficiency,” he emphasised.
More than a month has passed since the incident, and Dhankhar said it was time for transparency. “Even if it opens a can of worms, let it. It’s time to expose it and let the cleansing begin,” he added.
Reinforcing his stance, Dhankhar warned against a system where the judiciary assumes legislative and executive functions. He expressed worry that judges are becoming a "super-parliament" with no checks or accountability.
