Congress on Dhankhar’s Kesavananda Bharati Case Verdict Remarks

The Congress on Thursday described Rajya Sabha Chairman Jagdeep Dhankhar’s remarks questioning the landmark 1973 Kesavananda Bharati case verdict as an “extraordinary assault on the judiciary”, and said that a “no-holds-barred assault” on one constitutional establishment by one other was fairly unprecedented.

Vice President Dhankhar had on Wednesday criticised the scrapping of the NJAC Act in 2015 and in addition questioned the Kesavananda Bharati case verdict, saying it set a fallacious precedent and that he disagrees with the Supreme Court ruling that Parliament can amend the Constitution however not its fundamental construction.

“In my 18 years as a MP, I’ve by no means heard anybody criticise the 1973 Kesavananda Bharati judgment of Supreme Court,” Congress general secretary in-charge Jairam Ramesh said in a tweet.

“In fact, legal luminaries of BJP like Arun Jaitley hailed it as a milestone. Now, Chairman of Rajya Sabha says it was wrong. Extraordinary attack on the judiciary!” he stated.

It additionally bears point out {that a} “no-holds-barred assault” on one Constitutional institution by another is quite unprecedented, Ramesh said in another tweet.

“Having different views is one thing, but the Vice President has taken the confrontation with the Supreme Court to an altogether different level!” he stated.

Earlier, senior Congress chief P Chidambaram stated Dhankhar is “fallacious” in stating that Parliament is supreme and his views should warn every Constitution-loving citizen to be alert to the dangers ahead.

Reacting to Dhankhar’s remarks, Chidambaram, a lawyer, said on Twitter, “The Hon’ble Chairman of the Rajya Sabha is wrong when he says that Parliament is supreme. It is the Constitution that is supreme.” The “fundamental construction” doctrine was evolved in order to prevent a majoritarian-driven assault on the foundational principles of the Constitution, the former Union minister said.

“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 stated in a sequence of tweets.

After the NJAC Act was struck down, nothing prevented the federal government from introducing a brand new Bill, the senior Congress chief stated.

“The hanging down of 1 Act doesn’t imply that the ‘basic structure’ doctrine is fallacious,” he added.

“In fact, the Hon’ble Chairman’s views should warn every Constitution-loving citizen to be alert to the dangers ahead,” Chidambaram stated.

Dhankhar had on Wednesday stated “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 apex court’s remarks on the issue of the collegium system.

Addressing the 83rd All India Presiding Officers Conference in Jaipur Wednesday, the RS Chairman, who has criticised in and outside the House the striking down of the National Judicial Appointments Commission (NJAC) Act by the apex court, said that it was “a scenario perhaps unparalleled in the democratic history of the world.” “The government is ordained to be in compliance with the constitutional prescription emanating from Parliament. It was obligated to stick to the NJAC. Judicial verdict can’t run it down,” he had stated.

His statement came in the backdrop of a raging debate on the issue of appointment to the higher judiciary with the government questioning the current Collegium system and the Supreme Court defending it.

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