“Neither the parliament, nor the executive is supreme, the constitution is supreme”, a sharp constitutional debate between vice-president Jagdeep Dhankhar and senior lawyer and Rajya Sabha MP Kapil Sibal, after the recent directive of the High-dishes that the president of the Goules of the Gous, has to decide for Goules that are Gereveren van de Gereven van de Gereven van de Gereven van de Gereven van de Gereven van de Gereven van de Gereven van de Gerevenen van de Gerevenen van de Gerevenen van de Gerevenen van de Gerevenen van de Gerevenen van de Gerevenen van de Gerevenen van de Gerevenen van de Gerevenen's Gersneshofen for the Gousnaren, who is Gere. her consistent.
The controversy has re -emerged the eternal question: which institution is really supreme in the constitutional framework of India – parliament, the executive or the constitution itself?
Dhankhar's statement: the primacy of parliament
Students at Delhi University, Vice-President Dhankhar, who also serves as chairman of the Rajya Sabha, explicitly stated that “Parliament is Supreme” and that the Constitution does not propose any authority above.
Dhankhar argued that elected representatives are the ultimate masters of the content of the Constitution and that the supremacy of parliament is just as fundamental as the sovereignty of each individual citizen in a democracy.
Dhankhar further argued that constitutional officials are not only ceremonial or graceful, and that every word spoken by such authorities is led by the highest national interest.
Dhankhar's comments were made in the context of his criticism of the Supreme Court, which he accused of acting as a 'super parliament' by prescribing timelines for the president and governors to act on legislation.
Vice -President Dhankhar described the use of the Supreme Court of Article 142 – it promotes 'complete justice' – as a 'nuclear rocket' against democratic forces, which question the authority of the judiciary to lead the president in such cases.
Kapil Sibal's refutation: The Constitution is supreme
In a targeted reaction, Kapil Sibal, a former Minister of Union and current president of the Bar Association of the Supreme Court, opposed the claims of Jagdeep Dhankhar on social media.
Sibal claimed: “neither the parliament nor the executive is supreme; the constitution is supreme. The provisions of the Constitution are interpreted by the Supreme Court. For example, this country has understood the law”.
Kapil Sibal emphasized that the recent judgments of the Supreme Court, including those criticized by the government officials, are consistent with constitutional values and led by the national interest.
Sibal also emphasized the various roles allocated by the Constitution: Parliament has plenary power to accept laws, while the Supreme Court has the obligation to interpret the Constitution and to guarantee complete justice on the basis of Article 142.
About the dignity and neutrality of constitutional offices
Kapil Sibal further criticized what he described as a politically ravaged attitude of the Rajya Sabha chairman, warning that presiding officers should remain at the same distance from both the opposition and the ruling party.
Sibal warned that every perception of bias undermines the dignity of constitutional office and it says that no speaker or chairman may be seen as a spokesperson for a party
