Vice President of India and Rajya Sabha Chairman Jagdeep Dhankhar has launched a scathing attack on the judiciary, questioning its growing powers and the lack of accountability of judges.
His comments were made at the valedictory session of the 6th Rajya Sabha Internship Programme held at the Vice-President’s Enclave in New Delhi.
Referring to a recent Supreme Court ruling on the powers of Governors and the President in relation to state legislation, Dhankhar expressed deep concern over what he sees as the judiciary encroaching into the domains of the executive and legislature.
Criticism of The Court
The Supreme Court judgment — delivered by a bench comprising Justices JB Pardiwala and R Mahadevan — held that Governors and the President must act within a reasonable timeframe when deciding on bills passed by legislatures. Dhankhar took issue with this, saying it amounted to judges effectively issuing directives to the President.
“There is a directive to the President by a recent judgment. Where are we heading? We never bargained for democracy for this day… We have judges who will legislate, who will perform executive functions, who will act as a super Parliament, and have no accountability because the law of the land does not apply to them,” Dhankhar said.
He emphasized that while the judiciary has full rights over adjudication, legislation is solely the domain of Parliament, and governance belongs to the executive. He warned that judicial overreach threatens the balance of power envisioned in the Constitution.
Dhankhar also raised concerns over the Supreme Court’s frequent use of Article 142 of the Constitution, which empowers the Court to pass orders necessary for complete justice.
“Article 142 has become a nuclear missile against democratic forces, available to the judiciary 24×7,” he remarked, calling for greater scrutiny of its use.
Allegations
The Vice President also criticized the way allegations against sitting judge Justice Yashwant Varma are being handled. He referred to reports about cash being found at the judge’s residence and questioned the legality of the Supreme Court’s in-house inquiry committee formed to investigate the matter.
“What legitimacy and jurisdictional authority does this committee possess? Investigation is the domain of the executive, not the judiciary,” Dhankhar said, pointing out that no First Information Report (FIR) has been filed to date — something he called essential for initiating a criminal probe.
He questioned how a probe could move forward without a formal investigation sanctioned under existing laws passed by Parliament and demanded transparency and legal rigor in such sensitive matters.
“It is now over a month. Even if there are skeletons in the cupboard, it’s time for them to come out. Let the worms and skeletons be in public domain so that cleansing takes place,” he added.
Call For Institutional Accountability
While clarifying that he was not casting aspersions on any individual, Dhankhar insisted that constitutional immunity applies only to the President and Governors, not to judges. He urged a reconsideration of existing norms that prevent filing FIRs against judges without internal judicial approval.
“Are we not diluting the rule of law? Are we not answerable to the people who gave us this Constitution?” he asked.
Remarks
Dhankhar’s remarks have sparked debate across political and legal circles. While some view his comments as a necessary push for accountability in the judiciary, others have raised concerns about the tone and implications of such criticism coming from a high constitutional authority.
With issues of judicial independence, separation of powers, and rule of law at the center of national discussion, Dhankhar’s fiery speech may prove to be a flashpoint in ongoing debates about the balance between India’s institutions.