On Friday, Vice President Jagdeep Dhankhar questioned how the Chief Justice of India could engage in executive appointments like that of the CBI director, even through “statutory prescription,” and suggested it was time to “reassess” these norms.
Addressing the National Judicial Academy in Bhopal, he remarked that, in his opinion, the ‘doctrine of basic structure’ possesses a highly “debatable jurisprudential foundation”.
“To provoke your thoughts, how is it possible in a nation like ours or in any democracy for the Chief Justice of India to be involved in the appointment of the CBI director through legal mandate?” Dhankhar asked the audience.
“Can there be any legal rationale for it? I can appreciate that the statutory prescription took shape because the Executive of the day has yielded to a judicial verdict. But time has come to revisit. This surely does not merge with democracy. How can we involve the Chief Justice of India with any executive appointment!” he said.
The vice president added that executive governance through judicial decree represents a “Constitutional paradox that the world’s largest democracy can no longer sustain.”
He stated that all institutions must function within the limits set by their constitution.
“Governments are responsible to the legislature.” And regularly answerable to the voters. “However, if executive governance is claimed or delegated, the enforceability of accountability will be absent,” he stated.
The vice president stated that any involvement in governance, whether by the legislature or judiciary, is “contrary to constitutionalism.”
Regarding the authority of judicial review, Dhankhar remarked that it is a “positive aspect” because it guarantees that laws are in line with the Constitution.
However, he emphasized that Parliament holds the final authority when it comes to amending the Constitution.
