New Delhi, April 18 Former Union Minister and Rajya Sabha MP Kapil Sibal on Friday expressed disappointment over Vice President Jagdeep Dhankhar's public criticism of the Supreme Court's authority.
Talking to media persons, Sibal said he was “surprised and saddened” on reading Dhankhar’s comments that had the potential of shaking public faith in the judiciary.
He described Dhankhar’s remarks as an “attack” on the judiciary as the Chairman of the House, and also targeted Union ministers for issuing similar remarks against courts.
“If the judiciary can’t defend itself, then the polity of the country must come forward and defend the judiciary. We trust the judiciary in doing the right thing,” said Sibal, a former Union minister.
“I believe whenever there are certain verdicts of the judiciary that go against the government, then allegations of judicial overreach are made. But when there are verdicts that favour the government’s stand, like on Article 370, then the government silences the opposition by citing the SC verdict,” he said.
Referring to Dhankhar’s remark that “Article 142 has become a nuclear missile against Democratic forces”, Sibal said, “It is not appropriate to make such a comment about a constitutional functionary.”
“What was a nuclear missile was the denomination,” said Sibal, a noted jurist.
Article 142 is the provision through which the Constitution has given the Supreme Court the power to do “complete justice”, he said.
Sibal said the President is a titular head and acts on the aid and advice of the Council of Ministers. “VP Dhankhar is not correct in claiming that the powers of the President have been curtailed (by the SC verdict),” he said.
“It does not appear okay or constitutional that statements are issued which create the impression that the judiciary is being schooled,” said Sibal, cautioning the V-P not to cross the lines drawn under the Constitution to stop the intervention of the executive and the judiciary in each other’s domain.
The V-P’s criticism of the apex court came close to a Supreme Court Bench ordering that the President should decide on bills reserved for his or her consideration by the governor within a period of three months from the date on which such reference is received.
Dhankhar claimed that the judiciary was overstepping its bounds by invoking Article 142 -- a provision that empowers the Supreme Court to issue orders necessary to do "complete justice" in any matter before it. The Vice President described Article 142 as a "nuclear missile against democratic forces available to the judiciary 24x7".
"We cannot have a situation where you direct the President of India, and on what basis? The only right you have under the Constitution is to interpret the Constitution under Article 145(3). There, it has to be five judges or more... Article 142, Article 142 has become a nuclear missile against Democratic forces, available to the judiciary 24 x 7," Dhankhar said.
The Vice-President also expressed dismay at the turn of events following the incident of a large amount of cash allegedly found at the Delhi residence of a High Court judge. He questioned the constitutional validity of the Supreme Court-appointed Commission probing the case, and said the Constitution has accorded immunity from prosecution only to the President and Governors, and there cannot be a category beyond that.
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