NEW DELHI: Vice President Jagdeep Dhankhar on Thursday issued a sharp rebuke to the judiciary for overstepping its mandate, specifically questioning recent moves to direct the President on legislative matters. Referring to Article 142 as a “nuclear missile” in the judiciary’s arsenal, he warned against using it to override democratic forces.
The Vice President also raised concerns over the handling of the case involving Justice Yashwant Varma , following reports of semi-burnt sacks of cash discovered at the judge’s official residence in Delhi.
“You cannot direct the President. The only authority under the Constitution to interpret the law lies with a bench of five or more judges under Article 145(3),” he said.
Also read: VP takes on SC over deadline for President to decide on Bills
"President being called upon to decide in a time-bound manner, and if not, it becomes law. So we have judges who will legislate, who will perform executive functions, who will act as super Parliament, and absolutely have no accountability because law of the land does not apply to them," the VP added.
Expressing concern over the perceived erosion of the separation of powers , he added: “The legislature, judiciary, and executive must operate within their domains. Any encroachment by one risks destabilising the entire system.”
"Time has come for our three institutions, Legislature, Judiciary, and Executive, to blossom. And they blossom best when they operate in their own area. Any incursion by one in the domain of the other poses a challenge, which is not good. It can upset the balance," Dhankhar said.
Speaking at the valedictory event of the 6th Rajya Sabha Internship Programme, Dhankhar questioned the absence of a formal investigation in the Justice Verma case, saying that the rule of law must prevail irrespective of an individual's position.
"Let me take the 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 questions to 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," he said.
Dhankhar criticised the lack of a First Information Report (FIR) in the case, noting that while anyone in India can be booked without prior approval, special permission is required to initiate proceedings against judges.
He pointed out that this is not a constitutional safeguard, stating that immunity under the Constitution is reserved only for the President and Governors.
"An FIR in this country can be registered against anyone--any constitutional functionary, including the one before you. One has only to activate the rule of law. No permission is required. But if it is judges--FIR cannot be straightaway registered. It has to be approved by the concerned in judiciary. But that is not given in the Constitution. The Constitution of India has accorded immunity from prosecution only to the Hon'ble President and the Hon'ble Governors. So how come a category beyond law has secured this immunity? Because the ill-effects of this are being felt in the mind of one and all. Every Indian, young and old, is deeply concerned. If the event had taken place at his house, the speed would have been an electronic rocket. Now, it is not even a cattle cart," the VP said.
The Vice President also raised concerns over the handling of the case involving Justice Yashwant Varma , following reports of semi-burnt sacks of cash discovered at the judge’s official residence in Delhi.
“You cannot direct the President. The only authority under the Constitution to interpret the law lies with a bench of five or more judges under Article 145(3),” he said.
Also read: VP takes on SC over deadline for President to decide on Bills
"President being called upon to decide in a time-bound manner, and if not, it becomes law. So we have judges who will legislate, who will perform executive functions, who will act as super Parliament, and absolutely have no accountability because law of the land does not apply to them," the VP added.
President of India is a very elevated position. President takes oath to preserve, protect and defend the constitution. This oath is taken only by the President and the Governors.
— Vice-President of India (@VPIndia) April 17, 2025
If you look at the Indian Constitution, the President is the first part of the Parliament. Second… pic.twitter.com/Tfr8c6dPot
Expressing concern over the perceived erosion of the separation of powers , he added: “The legislature, judiciary, and executive must operate within their domains. Any encroachment by one risks destabilising the entire system.”
"Time has come for our three institutions, Legislature, Judiciary, and Executive, to blossom. And they blossom best when they operate in their own area. Any incursion by one in the domain of the other poses a challenge, which is not good. It can upset the balance," Dhankhar said.
Speaking at the valedictory event of the 6th Rajya Sabha Internship Programme, Dhankhar questioned the absence of a formal investigation in the Justice Verma case, saying that the rule of law must prevail irrespective of an individual's position.
"Let me take the 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 questions to 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," he said.
Dhankhar criticised the lack of a First Information Report (FIR) in the case, noting that while anyone in India can be booked without prior approval, special permission is required to initiate proceedings against judges.
He pointed out that this is not a constitutional safeguard, stating that immunity under the Constitution is reserved only for the President and Governors.
"An FIR in this country can be registered against anyone--any constitutional functionary, including the one before you. One has only to activate the rule of law. No permission is required. But if it is judges--FIR cannot be straightaway registered. It has to be approved by the concerned in judiciary. But that is not given in the Constitution. The Constitution of India has accorded immunity from prosecution only to the Hon'ble President and the Hon'ble Governors. So how come a category beyond law has secured this immunity? Because the ill-effects of this are being felt in the mind of one and all. Every Indian, young and old, is deeply concerned. If the event had taken place at his house, the speed would have been an electronic rocket. Now, it is not even a cattle cart," the VP said.
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