Vice president Jagdeep Dhankar on Wednesday said Parliamentary sovereignty and autonomy cannot be permitted to be diluted or compromised as it is quintessential to the survival of democracy while referring to the Supreme Court rejecting the National Judicial Appointments Commission Bill. He was addressing the 83rd All India Presiding Officers Conference in Jaipur.
“Parliamentary sovereignty cannot be permitted to be diluted or compromised by the Executive or the Judiciary.No institution can wield power or authority to neutralise the mandate of the people. It is the obligation of Parliament and Legislatures to protect the sovereignty of the people. It must be remembered that the Constitution never envisaged a Third and Superior Chamber for Parliament to grant approval to the Legislations passed by the Two Houses,” he said.
Dhankar said that public posturing from judicial platforms was not good and said he was surprised when the Supreme Court asked the attorney general to convey the court’s displeasure to Constitutional authorities. He was referring to December 8 hearing in a case related to judges appointment where the SC had upheld its right to appointing judges through collegium system.
“Friends, I have declined to undertake the Attorney General on this point. I cannot be party to emasculate the power of legislature,” he said, describing himself as “soldier” having “high respect” for judiciary. Dhankar is a lawyer by profession.
The vice president also questioned the basic structure doctrine formulated by the Supreme Court in which Parliament cannot amend the features forming basic structure of the Constitution saying people who get elected to legislature and Parliament are talented and experts in various fields. “In a democracy, a basic of any basic structure is supremacy of people and sovereignty of Parliament. The executive thrives on sovereignty of Parliament. The ultimate power is with legislature,” he said.
Dhankar said Parliament and legislatures are eminently suited to effect congeniality between the Legislature, the Executive and the Judiciary. “This needs to be the priority concern given the frequent public stance by these institutions that generate a worrisome ecosystem,” he added.
Citing the National Judicial Appointment Commission Bill, he said, “There was complete unanimity in the Lok Sabha. There was not a single dissenting voice. The House of the People voted in unison in favour of this Constitutional Amendment. In Rajya Sabha, there was unanimity but there was one abstention.”
“On 16th October, 2015, the highest court of the land in a 4-1 majority verdict, held both the 99th Constitution Amendment Act, 2014, and the National Judicial Appointments Commission (NJAC) Act, 2014, unconstitutional on the premise of being in violation of the basic structure,” said the vice-president.
He continued 16 State Legislatures ratified it -Rajasthan Assembly being the first one. This exercise crystallised into constitutional prescription with the President’s assent under Article 111 of the Constitution. “This was undone by the Judiciary. Such a scenario is perhaps unparalleled in the democratic history of the world. The executive is ordained to be in compliance of the constitutional prescription emanating from Parliament. It was obligated to adhere to the NJAC. Judicial verdict cannot run it down,” said Dhankar.
He said all constitutional institutions, the Judiciary, the Executive and the Legislature are required to confine to their respective domains and conform to the highest standard of propriety and decorum. “The current scenario on this count calls for serious attention by all concerned particularly those at the helm of these institutions. Power of the Parliament to amend the constitution and deal with legislation is not subject to any other authority,” said Dhankar.
The vice-president also expressed concern over the scenario of parliament and legislatures. “Can disruptions and outrage of rules in Parliament and Legislatures be allowed to be a political strategy? Surely Not,” he said.
“Current scenario in Parliament and Legislatures is indeed a cause of concern. Time for us to address the widespread disillusionment and disgust of the people at lack of decorum in the Parliament and Legislatures,” he said.
“The anguish and disappointment of the people at lack of decorum and discipline in proceedings in Parliament and Legislatures is severe. How can representatives- MLAs, MLCs and MPs- swear by Constitution and law and blatantly flout rules and throw decorum to winds?” he said.
Lok Sabha Speaker Om Birla urged the Judiciary to confine to its limits prescribed in the Constitution and said the Legislature always respected the Judiciary but it is expected to use the powers constituently given to it.
Expressing concern over the behaviour of members of the legislative houses, Birla said that it is a matter of concern that even after 75 years of Independence we are bound to talk about the decorum and dignity of the members of the Houses. He urged the parliamentarians to work to build the confidence of the people. “We are mandated to make laws for the people and it needs deliberations. The more we discuss and deliberate, the better the laws will be,” said Birla.
Speaker of Rajasthan Legislative Assembly, Dr CP Joshi said today there are many challenges in front of parliamentary democracy. “There is dictatorship of the executive; and the meetings of the assemblies are decreasing, who will make the government accountable. The assembly speaker is helpless and acts only as the referee.”
He continued that the speaker cannot call the assembly as it is done by the government. “We only run houses and there is no other power. The speaker is helpless.” Joshi also demanded that financial autonomy should be given to legislative assemblies.
In the conference, Rajasthan chief minister Ashok Gehlot said, “Sometimes there are differences with the Judiciary. The privy-purse was abolished by former prime minister Indira Gandhi but was quashed by the Judiciary. Later, judgments came in favour of all the decisions from nationalisation of banks.”
“In 40 years, I have seen that sometimes the House does not work. The deadlock continues for 10 days. Nevertheless, the ruling and opposition (parties) play a role together and when 75 years have passed, the future of the country is very bright. Let us protect the Constitution,” Gehlot said.