Last Updated:
Speaking at the National Judicial Academy, Bhopal, Vice President Dhankhar said that in his view, the ‘doctrine of basic structure’ has a very “debatable jurisprudential basis”.
Vice President Jagdeep Dhankhar. (PTI)
Vice President Jagdeep Dhankhar questioned the Chief Justice of India’s involvement in executive appointments such as that of CBI director even by “statutory prescription” and said it was time to “revisit” such norms. The Vice President made the remarks while speaking at the National Judicial Academy in Bhopal. He said that in his view, the ‘doctrine of basic structure’ has a very “debatable jurisprudential basis”.
“To stir your minds, how can in a country like ours or in any democracy, by statutory prescription, Chief Justice of India participate in the selection of the CBI director?” he asked.
“Can there be any legal rationale for it? I can appreciate that the statutory prescription took shape because the Executive of the day has yielded to a judicial verdict. But time has come to revisit. This surely does not merge with democracy. How can we involve the Chief Justice of India with any executive appointment!” he said.
The Vice President further said that executive governance by judicial decree is a “Constitutional paradox that the largest democracy on the planet cannot afford any longer.”
He asserted that all institutions must operate within their constitutional bounds.
“Governments are accountable to the legislature. And periodically accountable to the electorate. But if executive governance is arrogated or outsourced, enforceability of accountability will not be there,” he said.
“Democracy thrives not on institutional isolation, but in coordinated autonomy. Indisputably, institutions contribute productively and optimally while working in their respective domains. Out of deference, I will not advert instances except to observe that executive governance by the judiciary is being frequently noticed and discussed in nearly all quarters,” he said.
Reflecting on the power of judicial review, Dhankhar said it was a “good thing” as it ensures that laws conform to the Constitution.
“The judiciary’s public presence must be primarily through judgments. Judgments speak for themselves…Any other mode of expression… undermines institutional dignity,” he said.
“I seek revisitation of the present state of affairs so that we get back to the groove, a groove that can give sublimity to our judiciary. When we look around the globe, we never find judges reflecting the way we see here on all issues,” he remarked.
- Location :
Bhopal, India, India