Judiciary cannot direct president of India, act as 'super Parliament': VP Jagdeep Dhankhar
New Delhi, Apr 17 (PTI): Vice President Jagdeep Dhankhar on Thursday questioned the judiciary setting a timeline for the president to take decisions and act as a "super Parliament", saying the Supreme Court cannot fire a "nuclear missile" at democratic forces.
Dhankhar's strong words to the judiciary came during his speech to Rajya Sabha interns, days after the Supreme Court sought to fix a timeline for the president to grant assent to the bills reserved for her consideration by the governor.
"So, we have judges who will legislate, who will perform executive functions, who will act as super Parliament and absolutely have no accountability because the law of the land does not apply to them," Dhankhar said.
The vice president also described Article 142, which grants plenary powers to the Supreme Court, as a "nuclear missile against democratic forces available to the judiciary 24x7".
"Article 142 has become a nuclear missile against democratic forces (and) available to (the) judiciary 24x7," he said.
Article 142 of the Constitution gives the Supreme Court the power to issue orders that ensure "complete justice" in any matter before it.
This power is also known as the Supreme Court's "plenary power".
"There is a directive to the president by a recent judgment. Where are we heading?
"What is happening in the country? We have to be extremely sensitive. It is not a question of someone filing a review or not. We never bargained for democracy for this day. President being called upon to decide in a time-bound manner, and if not, becomes law," Dhankhar said.
The vice president said his worries were at a "very highest level" and he had never thought in "my life" that he would have the occasion to see it.
He reminded the audience that the president of India is in a very elevated position.
"(The) president takes an oath to preserve, protect and defend the Constitution. Others, including ministers, the vice president, parliamentarians and judges take an oath to abide by the Constitution," Dhankhar said.
"We cannot have a situation where you direct the president of India and on what basis? The only right you have under the Constitution is to interpret the Constitution under Article 145(3). There it has to be five judges or more...," he said.
Stressing the principle of separation of powers, he underlined that when the government is elected by the people, the government is accountable to Parliament and to the people in the elections.
"There is a principle of accountability in operation. In Parliament, you can ask questions... But if this executive governance is by the judiciary, how do you ask questions? Whom do you hold accountable in elections?
"Time has come when our three institutions -- legislature, judiciary and executive -- must blossom... Any incursion by one in the domain of the other poses a challenge, which is not good…." Dhankhar said.
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
