'Judges acting as super Parliament': Dhankhar's no-holds-barred attack over Supreme Court verdict

Vice President Jagdeep Dhankhar said India had not bargained for a democracy where judges will act as a “super Parliament”. (PTI photo)

In the wake of the Supreme Court ruling that sets a three-month timeline for the President to decide on Bills referred by Governors of state, Vice President Jagdeep Dhankhar said on Thursday that India cannot have a situation where the judiciary directs the President.

While addressing the 6th batch of Rajya Sabha interns, Dhankhar, in a strongly worded speech, said the Supreme Court cannot fire a "nuclear missile" at democratic forces.

Parliament cannot script a judgement of a court. Parliament can only legislate and hold institutions, including Judiciary and Executive, accountable.Judgement writing, adjudication, is the sole prerogative of Judiciary, as much as legislation is that of the Parliament. But pic.twitter.com/FTy767hzDo

Vice-President of India (@VPIndia) April 17, 2025

"So, we have judges who will legislate, who will perform executive functions, who will act as super Parliament and absolutely have no accountability because the law of the land does not apply to them," Dhankhar said.

Also Read: 'Time to blow up the can': Jagdeep Dhankhar makes strong pitch for judicial accountability, says public confidence in institution dwindling

The top court on April 8 ruled that the President must decide on State Bills, reserved by Governors for Presidential assent, within three months. The apex court set aside Tamil Nadu Governor R.N. Ravi’s decision to withhold assent to 10 pending Bills and, in the process, ruled that the President should also not take more than three months in arriving at a decision on Bills referred by Governors.

- "There is a directive to the President by a recent judgment. Where are we heading? What is happening in the country? We have to be extremely sensitive. It is not a question of someone filing a review or not. We never bargained for democracy for this day. President being called upon to decide in a time-bound manner, and if not, becomes law," Dhankhar said.

- The Vice President said his worries were at a "very highest level" and he had never thought in his life that he would have the occasion to see it. He reminded the audience that the president of India is in a very elevated position.

- "(The) president takes an oath to preserve, protect and defend the Constitution. Others, including ministers, the vice president, parliamentarians and judges take an oath to abide by the Constitution," Dhankhar said.

- - "We cannot have a situation where you direct the president of India and on what basis? The only right you have under the Constitution is to interpret the Constitution under Article 145(3). There it has to be five judges or more...," he said.

- The Vice President described Article 142, which grants plenary powers to the Supreme Court, as a "nuclear missile against democratic forces available to the judiciary 24x7". Article 142 of the Constitution gives the Supreme Court the power to issue orders that ensure "complete justice" in any matter before it.

- "There is a principle of accountability in operation. In Parliament, you can ask questions... But if this executive governance is by the judiciary, how do you ask questions? Whom do you hold accountable in elections? Time has come when our three institutions -- legislature, judiciary and executive -- must blossom... Any incursion by one in the domain of the other poses a challenge, which is not good…." Dhankhar said.

- The Vice-President also spoke about the cash haul from the home of Delhi High Court judge Yashwant Varma. “Let me take incidents that are most recent. They are dominating our minds. An event happened on the night of the 14th and 15th of March in New Delhi, at the residence of a judge. For seven days, no one knew about it. We have to ask ourselves: Is the delay explainable? Condonable? Does it not raise certain fundamental questions? In any ordinary situation—and ordinary situations define rule of law—things would have been different. It was only on 21st March, disclosed by a newspaper, that people of the country were shocked as never before. They were in some kind of limbo, deeply concerned and worried at this explosive, alarming expose,” said Dhankar.

- "Thereafter, fortunately, in public domain, we had input from an authoritative source: the Supreme Court of India. And the input indicated culpability. Input did not lead to doubt that something was amiss. Something required to be investigated. Now the nation waits with bated breath. The nation is restive because one of our institutions, to which people have looked up always with highest respect and deference, was put in the dock. It is now over a month. Even if it is a can of worms. Even if there are skeletons in the cupboard, time to blow up the can. Time for its lid to go out. And time for the cupboard to collapse. Let the worms and skeletons be in the public domain so that cleansing takes place," he said.