‘Startled there was no whisper in Parl after SC struck down NJAC Act’
Vice-president Jagdeep Dhankhar on Friday said there was “no whisper” in Parliament after the Supreme Court struck down the National Judicial Appointments Commission Act and described it as “too serious an issue”. He also said a law passed by Parliament, which reflects the will of the people, was “undone” by the Supreme Court and “the world does not know of any such instance”.
Citing provisions of the Constitution, the vice-president also said when a substantive question of law is involved, the issue can be looked into by the courts.
“Nowhere it says a provision can be run down,” Mr Dhankhar said in the presence of Chief Justice of India D.Y. Chandrachud.
Addressing the 8th Dr L.M. Singhvi memorial lecture, organised by O.P. Jindal Global University here, the vice-president underlined that the Preamble of the Constitution mentions “We the people” and Parliament reflects the will of the people.
It means the power resides in the people — their mandate and their wisdom, he said.
Mr Dhankhar referred to the NJAC Act, saying in 2015-16, Parliament was dealing with a constitutional amendment Act and as a matter of record the entire Lok Sabha voted unanimously.
He said he was “startled that after this verdict (NJAC), there was no whispering in Parliament. It was taken as such. This is too serious an issue”.
Closing his address, Mr Dhankhar said: “It is never too late to make a different way of life available to us. We have lived with and developed the basic structure doctrine. But, can parliamentary sovereignty be ever compromised? Can a succeeding parliament be bound by earlier parliaments?”
On the occasion, Chief Justice of India D.Y. Chandrachud said that the idea of Universal Adult Franchise is not just a political idea, but at its core, is a social idea.
Earlier in India, power was concentrated in the upper classes of society. “The rights we consider universal were not universal then,” he said.
Delivering the lecture, the CJI said: “The marginalised communities had to struggle every inch to claim equal rights. Over the last 70 years, translation of right to vote and its realisation has not been a simple journey. But, right from the first election, Indians have been enthusiastic.”
On the importance of vote across community lines, the Chief Justice said: “Indian experiment with Universal Adult Franchise contradicts all myths. It was believed that only a few had the political consciousness to vote wisely. But our experience tells otherwise. Therefore, we must reject all elite understanding of the democratic process. UAF has done a silent revolution.”
The event was attended by senior advocate and Congress MP Dr Abhishek Manu Singhvi who is also the son of Dr. L.M. Singhvi.