(Image source from: Timesofindia.indiatimes.com)
Kapil Sibal, a Senior Advocate and Member of Parliament from Rajya Sabha, has responded to Vice President Jagdeep Dhankhar’s assertion that “Parliament is supreme,” arguing that neither Parliament nor the Executive holds supremacy. Sibal, who also serves as the president of the Supreme Court Bar Association, shared his views on X, stating, “The principle of law: The Constitution is the highest authority, not Parliament or the Executive. The interpretation of the Constitution lies with the Supreme Court, which has been the prevailing understanding of law in this nation.” While Sibal did not explicitly mention the Vice President in his comments, he emphasized that recent Supreme Court rulings, which have faced criticism from certain BJP officials and the Vice President, are aligned with constitutional principles and driven by national interests. Sibal declared in a follow-up post, “The Supreme Court acknowledges that Parliament possesses the power to enact laws, while the responsibility of the Supreme Court is to interpret the Constitution and ensure complete justice as outlined in Article 142. Everything stated by the Court is: 1) Aligned with our constitutional values 2) Inspired by the national interest.”
These statements emerged following Vice President Dhankhar's renewed criticism of the judiciary just hours earlier. In his remarks, the Vice President, who has previously operated as a senior lawyer, asserted that if the citizens are the essence of democracy, the elected officials ultimately determine the content of the Constitution. He proclaimed, “The Constitution does not envision any authority that supersedes Parliament. Parliament remains supreme.”
This exchange of viewpoints occurs against the backdrop of significant discussions stemming from the Supreme Court's ruling in the Tamil Nadu case, which set a timeline for the President and Governors regarding the approval of Bills passed by the legislature on two occasions. Additionally, the bench, led by Justice JB Pardiwala and Justice R Mahadevan, highlighted that only the courts have the authority to evaluate the constitutionality of a Bill and advised the Executive to maintain restraint in these matters. They underscored the idea that it would be wise for the President to submit Bills containing constitutional issues to the Supreme Court for their assessment.
Vice President Dhankhar expressed his disapproval of the recent ruling. In prior comments, he stated, "We should not find ourselves in a scenario where the President of India is directed and on what grounds... Article 142 has become a powerful tool against democratic principles, accessible to the judiciary around the clock." This article grants unique authority to the Supreme Court. He emphasized that the President holds a significant role, having taken an oath to uphold, protect, and defend the Constitution. "A recent ruling dictates actions for the President. What direction are we taking? What is transpiring in our nation? This is not the democracy we envisioned. The President is compelled to make timely decisions, and failure to do so results in automatic enforcement. Thus, we have judges who might engage in lawmaking, execute administrative roles, and function as a super-parliament, all without accountability as the laws do not apply to them," he remarked.
Some BJP members also criticized the Supreme Court's actions. BJP MP Nishikant Dubey voiced that Parliament should be dissolved if the Supreme Court is to make all decisions. "The Supreme Court is overstepping its bounds...when issues like the Ram Mandir, Krishna Janmabhoomi, or Gyanvapi arise, the response is often, 'Show us the documents.' But regarding mosques established after the Mughals, you claim it is impossible to show proof? The Supreme Court is igniting religious conflicts in this nation," he argued. Dubey questioned how the Supreme Court could impose deadlines on the President and Governors regarding bill approvals. BJP leader Dinesh Sharma emphasized that no one can "challenge" the President, who is "supreme."
The BJP hierarchy distanced itself from the comments made by the two lawmakers. Party president JP Nadda clarified that these remarks do not reflect the party's views. "These are personal opinions, and the BJP neither endorses nor supports such statements. The BJP fully repudiates these claims." Conversely, the Opposition accused the ruling party of intimidating the judiciary and attempting to undermine its authority.
Senior judges of the Supreme Court have asserted that they are aware of the critical remarks made. Justice BR Gavai, who will assume the role of Chief Justice of India next month, referenced the accusations of the court overstepping its authority twice yesterday. Today, Justice Surya Kant, the next most senior judge, remarked that the judiciary faces daily attacks but asserted that they are "not concerned."
Government officials have indicated that it is essential to uphold respect for the judiciary, reiterating that all branches of democracy function collectively towards a developed India. This statement appears to be an attempt to quell the escalating tensions surrounding the issue.
