Parliament supremacy not amenable to intervention from Executive, Judiciary: VP Dhankhar
VP Dhankhar called for collaborative discourse among executive, judiciary, and legislature.
Vice President Jagdeep Dhankhar on Sunday strongly emphasised Parliament's sovereignty in his Constitution Day address, asserting that any encroachment into its exclusive domain would be a constitutional aberration, contradicting the democratic essence and values.
“Sovereignty of Parliament synonymous with the sovereignty of the nation and it's impregnable,” VP Dhankhar said at the Constitution Day celebrations organised by the Ministry of Law and Justice at Vigyan Bhawan in New Delhi.
This event marked the anniversary of November 26, 1949, when India's constitution was formally adopted by the Constituent Assembly.
He further said that for the country's continual growth, the executive, judiciary, and legislature must engage in a collaborative discourse rather than adopting a confrontational perception.
“Parliament is the soul of democracy, its supremacy not amenable to any intervention from executive or judiciary,” the vice president said.
Recently, Justice DY Chandrachud, speaking at 21st edition of Hindustan Times Leadership Summit 2023, said the Legislature can enact a fresh law to cure a deficiency in a judgment but it cannot directly overrule it.
"There is a dividing line between what the legislature can do, and what the legislature can't do when there is a judgment of the court. If a judgment decides a particular issue and it points out a deficiency in law, it is always open for the legislature to enact a fresh law to cure the deficiency," the CJI said.
"What the legislature cannot do is to say that we think the judgment is wrong and therefore we overrule the judgment. The judgment of a court cannot be directly overruled by the legislature," the CJI said.
He also said judges are guided by constitutional morality and not public morality while adjudicating cases.
‘Ambedkar declined to draft Article 370’
The vice president also said that Article 370, the law which dealt with temporary provisions with respect to the erstwhile state of Jammu and Kashmir, was not drafted by the drafting committee. All other articles were drafted, and Dr Ambedkar declined to draft it, the VP said.
The Union government abrogated the provision in 2019.
(Inputs from PTI)
