Dhankhar Carries Forward Government – Judiciary Row over Judicial Appointments as Thackeray Demands Fixing Criteria for the Appointment of Governors

Manas Dasgupta

NEW DELHI, Dec 3: Even as the vice-president of India Jagdeep Dhankhar seems to be carrying the battle forward between the government and the judiciary over the judicial appointments, the Shiv Sena “Uddhav Thackeray Faction” opened a new chapter demanding fixing of criteria for the gubernatorial appointments.

Dhankhar’s stand on the judicial appointments holding the rights of Parliament above all other wings of administration gave clear indication that the government is in no mood to accept the Supreme Court rebuking it for delaying accepting the recommendations of the collegium on judicial appointments.

Dhankhar on Saturday requested the judicial experts to find out a parallel in the world that the Supreme Court through one order undo an act of Parliament which reflect the “wish of the people.” “A law passed by Parliament, which reflects the will of the people, was “undone” by the Supreme Court and the world does not know of any such instance,” the vice-president said addressing the LM Singhvi memorial lecture in Delhi on Saturday.

Citing provisions of the Constitution, he also said when a substantive question of law is involved, the issue can be looked into by the courts. “Nowhere it says that a provision can be run down,” Dhankhar said in the presence of Chief Justice of India DY Chandrachud.

Dhankhar’s attack on the judiciary was in continuation of the union law minister Kiren Rijuju repeatedly criticising the apex court for supporting the collegium system in which the government has no say in the appointment of judges in the Supreme Court and High Courts except to issue the appointment orders as per the recommendations of the Collegium consisting of the CJI and four senior most judges of the Supreme Court. Rijuju was recently rebuked by a division bench of the apex court for publicly criticising the judiciary.

Dhankhar said there was “no whisper” in Parliament after the Supreme Court struck down the National Judicial Appointments Commission Act (NJAC) and described it as “too serious an issue” underlining that the Preamble of the Constitution mentions “We the people” and Parliament reflects the will of the people which meant that the power resides in the people – their mandate and their wisdom, he said.

Vice President Dhankhar referred to the NJAC Act, saying in 2015-16, Parliament was dealing with a constitutional amendment Act and as a matter of record the entire Lok Sabha voted unanimously. In Rajya Sabha, it was unanimous, there was one abstention. “We the people – their ordainment was converted into a constitutional provision. Power of the people, which was expressed through a legitimate platform, that power was undone. The world does not know of any such instance,” he said.

The NJAC Act, which sought to overturn the collegium system of appointing Supreme Court and high court judges, was struck down by the Supreme Court which described it as unconstitutional. “I appeal to the people here, they constitute a judicial elite class, thinking minds, intellectuals – please find out a parallel in the world where a constitutional provision can be undone,” he said.

Vice President Dhankhar had expressed similar sentiments at a Constitution Day event in Delhi on November 26. He said he was “startled that after this verdict (NJAC), there was no whispering in Parliament. It was taken as such. This is too serious an issue.”

Referring to the doctrine of basic structure developed by the Supreme Court, he said “we have taken it as such.” “But as a modest student of law, can parliamentary sovereignty ever be compromised … can a successive Parliament be bound by what has been done by earlier Parliament,” he said.

He said harmonious working of the Executive, the Legislature and the Judiciary was vital for the growth of democracy. “Any incursion, howsoever subtle, in the domain of one by another has the capacity to unsettle the apple cart of governance,” the Vice President said.

In Mumbai, Sena (Thackeray faction) chief Uddhav Thackeray opened a new controversy by suggesting that the centre fix up some criteria for the appointment of governors, an issue reigning supreme in many of the non-BJP ruled states where the governors appointed by the BJP government at the centre were in constant conflict with the state governments on numerous issues.

Mr Thackeray said Maharashtra Governor Bhagat Singh Koshyari has been insulting revered figures like Chhatrapati Shivaji Maharaj and social reformers Jyotiba Phule and Savitribai Phule. A state minister compared Eknath Shinde’s “betrayal” (rebellion in June that brought down the MVA government) to the warrior king’s escape from Agra and “such people continue to remain in office”, he added.

“A governor is the representative of the President of India and there should be some criteria on who can be appointed to such a post. I demand such rules be framed,” the former chief minister said.

Reiterating his appeal to people and citizens to join hands against those insulting the state and its icons, Thackeray said, “We will announce a programme in the coming days. We don’t want to just limit ourselves to a Maharashtra bandh (shutdown).”