38.6c New Delhi, India, Thursday, May 23, 2024
Executive

'Glaring instance of severe compromise of parliamentary sovereignty', VP Dhankar raises questions on SC's NJAC judgement [Read Press Release]

By LawStreet News Network      08 December, 2022 07:04 PM      0 Comments
'Glaring instance of severe compromise of parliamentary sovereignty', VP Dhankar raises questions on SC's NJAC judgement

NEW DELHI: Vice President Jagdeep Dhankar on Wednesday described the Supreme Court's 2015 Constitution bench decision declaring the National Judicial Appointment Commission as unconstitutional, "a glaring instance of severe compromise of parliamentary sovereignty and disregard of the mandate of the people".

It is disconcerting to note that on such momentous issue, so vital to democratic fabric, there has been no focus in the Parliament, now for over seven years, he said.

Earlier, last week too, the VP had raised questions on the decision by the SC's five-judge bench.

In his maiden speech as chairman of Rajya Sabha, Dhankar said, "There is no parallel to such a development in democratic history where a duly legitimised constitutional prescription has been judicially undone."

He said Parliament in a much needed historic step passed the 99th Constitutional Amendment Bill paving way for the National Judicial Appointment Commission (NJAC). This was a legislative development to replace the Collegium system for appointment of judges in High Courts and the Supreme Court by a body comprising judges and others.

"There was unprecedented support. On August 13, 2014, the Lok Sabha unanimously voted in its favour with there being no abstention. This House too, passed it unanimously on August 14, 2014 with one abstention. Rarely in Parliamentary democracy, there has been such massive support to a Constitutional legislation," he said.

"This process fructified into a Constitutional prescription, after 16 State Assemblies out of 29 States ratified the Central Legislation; the President of India in terms of Article 111 accorded his consent on December 31, 2014," he pointed out.

Dhankar said the historic NJAC Bill, passed unanimously by the Parliament, was undone by the Supreme Court using the judicially evolved doctrine of 'Basic Structure' of Constitution.

"There is no parallel to such a development in democratic history of the world...We need to bear in mind that in a democracy, Basic of any 'Basic Structure' is the primacy of the mandate of the people reflected in the Parliament," he added.

Dhankar hoped this House, in concert with the Lok Sabha, being custodian of the ordainment of the people, is "duty bound to address the issue, and I am sure it will do so".

Read Press Release



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

no-interim-relief-to-forest-essentials-in-trademark-fight-against-baby-forest-in-delhi-hc
Trending Business
No interim relief to Forest Essentials in trademark fight against Baby Forest in Delhi HC

Delhi HC denies interim relief to Forest Essentials in trademark case against Baby Forest, citing "forest" as generic. Next hearing on July 10.

22 May, 2024 11:35 AM
singapore-airlines-flight-sq321-from-london-to-singapore-drops-6000-ft-within-minutes-1-dead-several-injured
Trending Business
Singapore Airlines flight SQ321 from London to Singapore drops 6000 ft within minutes, 1 dead, several injured

Singapore Airlines flight SQ321 from London to Singapore suffers 1 fatality after air dropping 6000 ft due to severe turbulence.

22 May, 2024 11:53 AM

TOP STORIES

ed-to-seek-court-nod-for-custody-of-accused-if-not-arrested-till-cognisance-of-complaint-sc
Trending Judiciary
ED to seek court nod for custody of accused, if not arrested till cognisance of complaint: SC [Read Judgment]

The Supreme Court ruled that the Enforcement Directorate must seek court approval for custody of an accused if not arrested before the court takes cognizance of a complaint.

17 May, 2024 01:38 PM
fundamental-right-to-health-includes-consumers-right-to-be-made-aware-of-quality-of-products-sc
Trending Judiciary
Fundamental right to health includes consumers' right to be made aware of quality of products: SC [Read Order]

Right to health includes consumers' right to know product quality. Advertisers must submit self-declarations for ads to ensure transparency and accountability: SC

17 May, 2024 01:43 PM
sc-asks-ed-to-file-response-to-sorens-plea-for-interim-on-may-20
Trending Judiciary
SC asks ED to file response to Soren's plea for interim on May 20

SC asks ED to file a response by May 20 to Hemant Soren's plea for interim bail during Lok Sabha elections, with a hearing scheduled for May 21.

17 May, 2024 06:12 PM
sc-notice-to-ec-on-plea-by-adr-for-release-of-voters-turnout-data
Trending Judiciary
SC notice to EC on plea by ADR for release of voters turnout data

SC issues notice to EC on ADR plea to release voter turnout data. SC demands EC to disclose vote counts within 48 hours after each phase of the 2024 Lok Sabha polls.

18 May, 2024 11:16 AM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email