Vice President Jagdeep Dhankhar on Thursday launched a scathing attack on the judiciary, branding Article 142 of the Constitution a “nuclear missile” that threatens democratic principles, always at the judiciary’s disposal.
The remarks follow the Supreme Court’s April 8 judgment, which marked a historic first by imposing a three-month deadline for the President to approve or reject Bills reserved by the Governors.
Speaking at the valedictory ceremony for the 6th batch of Rajya Sabha interns at the Vice President’s Enclave, Dhankhar expressed alarm over a recent Supreme Court ruling directing the President to act on Bills within a set timeframe, arguing it undermines the separation of powers.
The bench, led by Justices JB Pardiwala and R Mahadevan, ruled that delays beyond this period require justification and affirmed that the President’s actions under Article 201 are subject to judicial review. The court also advised the President to refer Bills raising constitutional questions to the judiciary and urged coordination between states and the Centre.
This ruling stemmed from a dispute in Tamil Nadu, where Governor R.N. Ravi’s delay in assenting to 10 Bills was deemed “illegal” and “arbitrary” by the court, allowing the state to challenge the President’s withholding of assent.
Dhankhar, however, called the directive to the President—a figure sworn to uphold the Constitution—unacceptable. “Where are we heading? Directing the President to act within a timeframe, failing which a Bill becomes law? This allows judges to legislate, govern, and act as a super-parliament without accountability,” he said, warning of a judiciary overstepping its constitutional role under Article 145(3) to interpret the law.
Emphasising the separation of powers, Dhankhar argued that the elected Executive is answerable to Parliament and voters, unlike the judiciary. “If judges govern, who do we question? How do we hold them accountable at elections?” he asked, urging the legislature, judiciary, and executive to operate within their designated domains to safeguard democracy. “Any overreach by one into another’s sphere is a dangerous challenge,” he added.
Dhankhar also raised concerns about judicial accountability, citing a March 14-15 incident where a large cash stash was discovered at the residence of Delhi High Court Judge Yashwant Varma.
He criticised the lack of an FIR and the formation of a three-judge committee to probe the matter, questioning why the Executive’s investigative authority was bypassed. “The Constitution grants immunity from prosecution only to the President and Governors. How has another category secured such protection?” he asked.
Noting that over a month has passed since the cash haul, Dhankhar demanded transparency. “Even if it’s a can of worms or skeletons in the closet, it’s time to open the lid and let the truth out for institutional cleansing,” he said, contrasting the slow response with the swift action he believes would have followed a similar incident at his own residence.