In fresh attack on Supreme Court, VP Jagdeep Dhankhar recalls Emergency ruling with a mention of CJI Khanna's uncle

In a sharp escalation of his criticism of higher judiciary, Vice President Jagdeep Dhankhar on Tuesday recalled how Justice HR Khanna was the lone dissenter in 1976 when the Supreme Court upheld the suspension of fundamental rights during Emergency imposed by late former PM Indira Gandhi. Incidentally, Justice HR Khanna happens to be the uncle of current Chief Justice Sanjiv Khanna.

In his address during a Delhi University event, Dhankhar doubled down on his criticism of judicial overreach and said that elected representatives (read lawmakers) are the “ultimate masters” of constitutional content and there is no authority above Parliament.

"I find it conceivably intriguing that some have recently reflected that constitutional offices can be ceremonial, ornamental. Nothing can be far distanced from a wrong understanding of the role of everyone in this country -- constitutional functionary or a citizen," he said.

He also said there is no visualisation in the Constitution of any authority above Parliament. "Parliament is supreme," he asserted, just days after slamming judges for acting like a "super Parliament".

The Vice President has been voicing concern over a recent Supreme Court ruling prescribing a timeline for the President to decide on bills reserved by state governors.

'Darkest period in history'

In his latest remarks, Dhankhar also recalled Emergency-era ruling by the apex court that allowed the suspension of fundamental rights, calling it “the darkest period in human history of the democratic world.”

“There was one dissent voice, and that was from an alumnus of this place,” Dhankhar said, referring to Justice HR Khanna, who had opposed the suspension of civil liberties.

Revisiting the 1976 ADM Jabalpur case, the Vice President recalled how the Supreme Court overruled the verdicts of nine high courts and upheld the government’s right to suspend fundamental rights, including the right to life.

“What was held by the Supreme Court, Executive of the day is the sole arbiter of fundamental rights, it can suspend for as much time as it likes,” Dhankhar said, adding, “That time (Emergency) was the darkest period in human history of the democratic world.”

What was the 1976 ADM Jabalpur case?

The ADM Jabalpur v. Shivkant Shukla case (1976), commonly known as the "Habeas Corpus case," was a decision by the Supreme Court during Emergency.

In a 4:1 majority verdict, the apex court held that during the Emergency, the right to life and personal liberty under Article 21 of the Constitution could be suspended, and that courts could not interfere with the detention of individuals under preventive detention laws like the Maintenance of Internal Security Act (MISA).

Justice HR Khanna was the sole dissenter. He asserted that even in the absence of Article 21, the state has no power to deprive a person of life or liberty without authority of law.

The judgment was widely criticised and is considered a dark chapter in India's judicial history. It was eventually overruled by the Supreme Court in 2017, which reaffirmed the importance of fundamental rights even during times of crisis.

Dhankhar vs judiciary

Dhankhar's latest remarks follow a spate of strong statements targeting the judiciary after the Supreme Court's judgment on state bills.

“There is a directive to the President by a recent judgment. Where are we heading? What is happening in the country?” Dhankhar had remarked earlier this week.

Dhankhar also criticised the top court for using Article 142 as a "nuclear missile against democratic forces." The Supreme Court has used the provisions of Article 142 to declare that the 10 Bills withheld by Tamil Nadu governor RN Ravi have been deemed to have been assented to.

Meanwhile, in an apparent response to Dhankhar's "super Parliamet" remark, a top court bench on Monday said that "as it is, we are alleged of encroaching upon the parliamentary and executive functions".

(With inputs from agencies)