The vice -president of India, Jagdeep Dhankhar, continued his tirade against the highest seat of justice in India – the Supreme Court, as the first claimed that the chosen legislators were 'ultimate masters' and that parliament was the supreme existence. He stated: “There is no visualization in the constitution of any authority above parliament. Parliament is supreme”
Dhankhar's Upbraid of the Apex Court comes days after the top court prescribed a three -month timeline for the president to decide on bills reserved by the governors for her nod. SC has also invoked Article 142 of the Constitution, which grants the court broad powers to guarantee 'full justice'.
Vice President Jagdeep Dhankhar, while tackling an event at Delhi University, said that every word spoken by constitutional functioning is led by the highest sublime importance of the nation.
Dhankhar said that every word spoken by constitutional functioning is led by the highest national interest.
“Let me tell you, constitution in encapsulated the essence, it is the value, the nectar in preamble of the constitution. And what does it say, we the people of India, the supreme power is with them. No one above the people of India,” said Dhankhar.
“And we have chosen the people of India under the Constitution to reflect their expressions, their desire, their will by their public representatives. And they hold this representative responsible during elections,” he added.
Dhankhar also said that chosen representatives are the “ultimate masters” of the constitutional content.
“And therefore, there is no doubt about it, the Constitution is for the people. And the repository of protecting it is that of elected representatives. They are the ultimate masters about what constitutional content will be. There is no visualization in the constitution of any authority above parliament. Parliament is supreme,” said Dhankh.
“And that is the situation, let me tell you that it is just as supreme as every individual in the country. Part of We The People is an atom in democracy. And that atomic power has atomic power. And that atomic power is reflected during elections. And that is why we are a democratic nation,” he added.
Dhankhar has previously, as he addressed Rajya Sabha-Stagiaires, said: “President is called to decide in a time-bound way, and if not, it will be law. So we will have judges who will fulfill those legislation, who will act as super parliament, and have absolutely no responsibility because the law of the law of the law of the law.
“We can't have a situation in which you lead the president of India and on what basis?”
How does the Constitution place judiciary, executive power and legislative power
According to the Indian constitution, the legislative power (parliament) introduces laws, the executive power implements them, and the judiciary interprets them and takes care of their constitution.
There is a system of checks and balances: the judiciary can invalidate unconstitutional laws or executive actions; The legislative power can supervise the executive; The executive power is responsible for the administration, but is responsible for parliament.
| Aspect | Indian Constitution position |
|---|---|
| Supremacy of parliament | Parliament has broad legislative powers, but is bound by the Constitution, which is supreme |
| Supremation of Constitution | Constitution is the highest law; Laws that violate can be brought down by the judiciary |
| Role of the judiciary | Guardian of Constitution; Exercises judicial assessment to check the parliament and executive power |
| Role of Executive | Implements laws; Responsible to the parliament |
| Separation of forces | Functional separation with checks and balances, no absolute separation |
| Political point of view (VP Dhankhar) | Parliament is supreme without authority above it (political interpretation) |
The Indian parliament has important legislative powers, including the power to make laws on topics in the Union and simultaneous lists and to change the constitution on the basis of Article 368. This gives the parliament a broad scope of legislation and form of governance.
In contrast to the British system where parliamentary sovereignty is absolute, however, in India the sovereignty of parliament is limited by the Constitution, which is the highest law in the country as explained on the basis of Article 49 (1) (1) of parliament, the parliament cannot determine laws that are contrary to constitutional provisions, including fundamental rights.
The judiciary, in particular the Supreme Court, has the authority of judicial testing to engage the laws adopted by the parliament if they are unconstitutional. This serves as a crucial control of parliamentary power.
The Indian constitution therefore does not say that the parliament is in an absolute sense above the executive and the judiciary. Instead, it establishes a constitutional supremacy in which the parliament operates within constitutional boundaries, subject to judicial testing, to ensure power relationships between the three branches
