What the Vice-President Said
Vice-President Jagdeep Dhankhar raised concerns about the judiciary’s functioning.
He questioned the secrecy of inquiries into judges' conduct, like in the Delhi cash recovery case.
He opposed the Supreme Court's ruling that mandates timelines for the President and Governors to act on State laws.
He said courts sometimes act beyond their role and use powers (like under Article 142) that may undermine elected bodies.
He also pointed out that Article 145(3), which requires at least five judges to decide on constitutional matters, was made when the court had only eight judges — and might need revision now that the court has 34 judges.
Key Issues Raised
Transparency: VP criticized the judiciary’s opaque internal investigations.
Judicial Accountability: Unlike the government, the judiciary isn’t directly answerable to the public.
Judicial Overreach: He questioned courts issuing directives to high constitutional offices and using special powers that affect democracy.
System Reform: Suggested reevaluating old rules like the five-judge bench requirement made when the court was much smaller.
Views in Support and Opposition
Support for VP’s Concerns:
Public shares concerns about lack of transparency in judges' misconduct cases.
Judicial appointments need reforms; a broader commission with CJI having final say can ensure fairness.
Counterpoints:
Supreme Court’s timeline ruling is backed by past judgments and official guidelines.
Article 142 has enabled major justice reforms (like Bhopal gas compensation, sexual harassment guidelines, and women’s rights in armed forces).
Five-judge bench requirement is still effective given today’s case load and past precedents.
Judiciary’s Role in a Democracy
India’s Constitution balances Parliamentary Sovereignty (like in the UK) and Judicial Supremacy (like in the US).
The judiciary acts as a check on the other two branches by interpreting the Constitution.
Judicial review is part of the basic structure of the Constitution and must be protected.
All branches should work within their limits and uphold the Constitution, avoiding unnecessary conflict.
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