The Congress on Thursday described Vice President Jagdeep Dhankhar's remarks questioning the landmark 1973 Kesavananda Bharati case verdict as an "extraordinary attack on the judiciary".
The party said Dhankhar is "wrong" in stating that Parliament is supreme and his views should warn every Constitution-loving citizen to be alert to the dangers ahead. The Congress said that this "no-holds-barred assault" on one constitutional institution by another was also quite unprecedented.
A number of legal experts too denounced Dhankhar's remarks questioning the Kesavananda Bharati verdict. Dhankhar, who is also the ex-officio chairman of Rajya Sabha, had on Wednesday criticised the scrapping of the NJAC Act in 2015 and also questioned the Kesavananda Bharati case verdict, saying it set a wrong precedent and that he disagrees with the Supreme Court ruling that Parliament can amend the Constitution but not its basic structure.
Dhankhar went on to state that "one-upmanship and public posturing" from judicial platforms is not good and these institutions must know how to conduct themselves. Dhankhar's virtual censure of the judiciary had come following the Supreme court's remarks on the issue of the collegium system.
Reacting to his remarks, former Union Minister P Chidambaram said the "basic structure" doctrine was evolved in order to prevent a majoritarian-driven assault on the foundational principles of the Constitution. "The Hon'ble Chairman of the Rajya Sabha is wrong when he says that Parliament is supreme. It is the Constitution that is supreme. Suppose Parliament, by a majority, voted to convert the parliamentary system into a Presidential system. Or repeal the State List in Schedule VII and take away the exclusive legislative powers of the States. Would such amendments be valid?" Chidambaram said in a series of tweets. Congress chief spokesman Jairam Ramesh mentioned having different views is one thing, but the Vice President has taken the confrontation with the Supreme Court to an altogether different level. Supreme Court Bar Association president and senior advocate Vikas Singh said there is no question of posturing as the Supreme Court decides a case on the basis of pleadings. "I don't really understand what he is saying.
Is he saying that justice delivery should stop, or the judges should not pass judgements contrary to what the government wants it to do? As far as the judiciary is concerned there is no question of posturing as they decide a case on the basis of pleadings and judicial review is an integral part of our system," he said.Noted lawyer Prashant Bhushan said in a constitutional republic, the Parliament is not supreme and rather it is the Constitution which is. He also advised the Rajya Sabha chairman to study the Constitution. "The present government is unhappy with the basic structure doctrine because it wants no impediment to the structural changes they want to make in our democracy and polity. Dhankhar should go back to study the Constitution," Bhushan said.
Senior lawyer and constitutional law expert Rakesh Dwivedi said judges in India are used to such remarks and right from the time of late Indira Gandhi there has been attack on the judiciary. Dwivedi said the vice president may have his own views but they are not binding on the judiciary in any manner.