Extraordinary attack on judiciary: Congress on Dhankhar's Kesavananda Bharati case verdict remarks

Vice President Dhankhar had on Wednesday criticised the scrapping of the NJAC Act in 2015

Congress and other Opposition parties on Thursday found fault with Vice President Jagdeep Dhankhar's remarks questioning the landmark Supreme Court judgement on "basic structure", saying it is an "extraordinary attack on the judiciary" while insisting that it is the Constitution and not the Parliament is supreme.

While Congress General Secretary (Communications) Jairam Ramesh said the remarks were a "quite unprecedented...no-holds-barred assault" on one constitutional institution by another, senior lawyer and Rajya Sabha MP P Chidambaram said the "basic structure" doctrine was evolved in order to "prevent a majoritarian-driven assault on the foundational
principles" of the Constitution.

It also bears mention that a no holds barred assault on one Constitutional institution by another is quite unprecedented. Having different views is one thing, but the Vice President has taken the confrontation with the Supreme Court to an altogether different level! https://t.co/cZfACzoSNV

— Jairam Ramesh (@Jairam_Ramesh) January 12, 2023

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CPI(M) General Secretary Sitaram Yechury said Dhankhar’s argument is a “dangerous signal for future”, as it amplifies exactly what the RSS intend to do, which is changing the character of the Indian Republic into a “fascistic Hindu Rashtra”. He said the Vice President must understand that it is the Constitution that established the Parliament and if there is anything that is supreme, it is the Constitution.

Vice President Dhankhar’s theory of Parliamentary Sovereignty is only a ploy to subvert independence of judiciary, a basic structure of our constitution.Parliamentary majority does not empower the executive to jerry pick the judges and create a judiciary subservient to it.

— Thomas Isaac (@drthomasisaac) January 12, 2023

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Senior RJD MP Manoj K Jha said Dhankhar’s remarks do not go down well with the collective memory as the Kesavananda Bharati judgement has set many things right and has put a bar on the temptations of a party or leader or legislature or executive to tamper with the basic structure of the Constitution.

Once again voicing his criticism of the Supreme Court scrapping the NJAC Act, Dhankhar, who is also Rajya Sabha Chairman, had on Wednesday in Jaipur questioned the Kesavananda Bharati case verdict, which enshrined the basic structure doctrine, saying it set a wrong precedent and that he disagrees with the Supreme Court ruling that
Parliament can amend the Constitution but not its basic structure.

Ramesh tweeted, "In my 18 years as a MP, I have never heard anyone criticise the 1973 Kesavananda Bharati judgement of the Supreme Court. In fact, legal luminaries of BJP like Arun Jaitley hailed it as a milestone. Now, the Chairman of Rajya Sabha says it was wrong. Extraordinary attack on the judiciary!"

"It also bears mention that a no holds barred assault on one Constitutional institution by another is quite unprecedented. Having different views is one thing, but the Vice President has taken the confrontation with the Supreme Court to an altogether different level!" he added.

Chidambaram said the Rajya Sabha Chairman is "wrong when he says that Parliament is supreme. It is the Constitution that is supreme" and that Dhankar's views should warn every Constitution-loving citizen to be "alert to the dangers ahead".

Emphasising the importance of basic structure doctrine, Chidambaram tweeted, "Suppose Parliament, by a majority, voted to convert the parliamentary system into a Presidential system. Or repeal the State List in Schedule VII and take away the exclusive legislative powers of the States. Would such amendments be valid?"

"After the NJAC Act was struck down, nothing prevented the Government from introducing a new Bill. The striking down of one Act does not mean that the "basic structure" doctrine is wrong," he added.

Senior Congress MP Manish Tewari advised Dhankhar to "try and find out" how many countries have formally encapsulated basic structure doctrine in their Constitutions rather than critiquing the basic structure doctrine enunciated by the Supreme Court in the Kesavananda Bharati judgement.