Vice-President’s Comments and Concerns
The Vice-President said judges act like a “super parliament” and cannot direct the President.
He also claimed judges are not accountable as the law doesn’t apply to them.
Such statements from a high constitutional office are concerning and may send the wrong message to the public.
Understanding Judicial Power and Limits
Parliament is the supreme legislative body, but the judiciary derives its powers directly from the Constitution.
The Supreme Court has said (L. Chandra Kumar case, 1997) that judicial power is constitutional and independent, yet bounded by separation of powers.
If judges misuse power, Parliament can begin removal proceedings under the Constitution.
President’s Role and Judicial Timelines
Article 52: India shall have a President.
Articles 54 & 55: Define the method of Presidential election, reflecting India as a Republic.
Article 53(1): Vests executive power of the Union in the President.
Article 53(2): President can exercise power directly or through officers.
Article 79: The President is part of Parliament along with two Houses.
Giving assent to bills is the President’s duty under these powers.
If bill assent is delayed too long, it undermines popular sovereignty — the people's will.
Courts asking for a time limit respects democracy, not undermines it.
On Judicial Accountability
The Vice-President’s remark that judges are not bound by law contradicts the rule of law itself.
Judges can be removed for violating the Constitution.
Parliament can override court judgments through new laws, showing the balance of power.
Importance of Judicial Review and Article 142
The Constitution allows courts to review government actions to ensure justice and protect rights.
Article 142 gives the Supreme Court power to ensure complete justice when no specific law exists.
This makes the judiciary the final interpreter and protector of the Constitution.
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