Neither Parliament nor executive, Constitution is supreme: Sibal hits back at VP Dhankhar
New Delhi (PTI): Neither Parliament nor the executive but the Constitution is supreme, Rajya Sabha MP Kapil Sibal said on Tuesday, as he hit back at Vice-President Jagdeep Dhankhar who slammed his critics for questioning his remarks on a recent Supreme Court order.
Sibal also claimed that everything the court said was consistent with the country's constitutional values and guided by national interest.
Sibal's remarks in posts on X came soon after Dhankhar said that every word spoken by a constitutional authority was guided by supreme national interest.
A top court bench recently prescribed a three-month timeline for the president of India to decide on Bills reserved by governors for her nod.
Reacting to the directive, Dhankhar said the judiciary cannot play the role of a "super Parliament" and get into the domain of the executive.
Addressing a Delhi University event, Dhankhar, who is also the Chairman of the Rajya Sabha, said every word spoken by a constitutional functionary was guided by the supreme, sublime interest of the nation.
"I find it conceivably intriguing that some have recently reflected that constitutional offices can be ceremonial, ornamental. Nothing can be far distanced from a wrong understanding of the role of everyone in this country -- constitutional functionary or a citizen," he said.
Dhankhar also said there is no visualisation in the Constitution of any authority above Parliament. "Parliament is supreme," he asserted.
In a post on X, Sibal said, "Supreme Court: Parliament has the plenary power to pass laws. Supreme Court has the obligation to interpret the Constitution and do complete justice (Article 142)."
"Everything the Court said is: Consistent with our constitutional values; guided by national interest," the Independent Rajya Sabha MP and former Congress leader said.
In another post, Sibal said, "The law: Neither Parliament nor the Executive is supreme, the Constitution is supreme. The provisions of the Constitution are interpreted by the Supreme Court. That's how this country has understood the law so far!"
Sibal had slammed Dhankhar last Friday for questioning the judiciary over the timeline set for the president to take decisions, saying it was "unconstitutional" and that never saw any Rajya Sabha chairman make "political statements" of such nature.
A day after Dhankhar used strong words against the judiciary, Sibal asserted that the Lok Sabha speaker and the Rajya Sabha chairman remain equidistant between the opposition and the ruling party, and cannot be the "spokesperson of one party".
"Everyone knows that the Lok Sabha speaker's chair is in between. He or she is the speaker of the House, not the speaker of one party. They also don't vote, they only vote in case of a tie. The same is with the Upper House. You are equidistant between the opposition and the ruling party," the senior advocate said.
"Everything you say must be equidistant. No speaker can be the spokesperson of a party. I don't say that he (Dhankhar) is but no speaker in principle can be the spokesperson of any party. If it appears so, the dignity of the chair is lowered," Sibal asserted.
Dhankhar last 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.
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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.
