Judiciary, legislature, executive work well when there is no incursion: Vice President

In his maiden speech to Rajya Sabha on the first day of the winter session, the Vice President emphasized on the sublimity of Doctrine of Separation of Power, saying that it is realized when the three arms of democracy ensure scrupulous adherence to respective jurisdictional domains.

“We are indeed faced with this grim reality of frequent incursions. This house is eminently positioned to take affirmative steps to bring about congeniality amongst these wings of the governance. I am sure you all will reflect and engage in way forward stance,” he added.

This comes in the backdrop of apparent differences between the judiciary and the government on the issue of the appointment of judges. In November, 2022, the Supreme Court issued notice to the Centre seeking explanation for the delay of recruiting judges in the higher judiciary.

“In any democracy, Parliamentary sovereignty is inviolable. We all here are under oath to preserve it,” Dhankhar said.

The Vice President added that the power of Parliament to amend any provision of this constitution as per procedure is unqualified and supreme. It is not amenable to executive attention or judicial intervention except for the purpose of deciding any case involving a substantial question of law as to interpretation of the Constitution, he said.

“Using this Constitutional power to amend, Parliament effected wholesome structural governance changes to further spinally strengthen democracy. This has been by way of incorporation of Part IX, IX A and IX B in the Constitution providing comprehensive mechanism for Panchayati Raj, Municipalities and Co-operative Societies.”

Dhankhar added that the Parliament, in similar vein, passed the 99th Constitutional Amendment Bill paving way for the National Judicial Appointment Commission (NJAC). “There was unprecedented support to this decision.”

“On August 13, 2014, the Lok Sabha unanimously voted in its favour with there being no abstention. This House too, passed it unanimously on August 14, 2014 with one abstention. Rarely in Parliamentary democracy, there has been such massive support to a Constitutional legislation. The process fructified into a Constitutional prescription, after 16 State Assemblies out of 29 States ratified the Central Legislation; the President of India in terms of Article 111 accorded his consent on December 31, 2014,” the Vice President said.

He added that this parliamentary mandate was undone by the Supreme Court on October 16, 2015 by a majority of 4:1, finding the same as not being in consonance with the judicially evolved doctrine of ‘Basic Structure’ of the Constitution.

Dhankhar said that there is no parallel to such a development in democratic history where a duly legitimized constitutional prescription has been judicially undone. “We need to bear in mind that in democratic governance Basic of any ‘Basic Structure’ is the prevalence of primacy of the mandate of the people reflected in the Parliament. Parliament is the exclusive and ultimate determinative of the architecture of the Constitution.”

The Vice President added that this House, in concert with the Lok Sabha, is custodian of the ordainment of the people. “It is duty bound to address the issue, and I am sure it will do so. Authorities in constitutional positions in any institution are required to exemplify their conduct by high standards of propriety, dignity and decorum.”

He asked all constitutional institutions to reflect and give quietus to public display of adversarially challenging stance/trading or exchange of advisories emanating from these platforms.

“I urge the Members of the House to proactively catalyze evolution of wholesome cordial ecosystem ending this aberration. It is institutional seamless connect marked with mutual trust and respect that generates eco system best suited for serving the nation.”

Dhankhar said that Rajya Sabha needs to catalyze the wholesome environment to promote synergic functioning of constitutional institutions.