Constitution ‘supreme’, not Parliament, Chidambaram angry at VP Dhankhar’s remarks

Vice President Jagdeep Dhankhar in favor of Kesbananda Bharti case After questioning this historic decision, opposition parties are strongly criticizing it. The decision in the Kesvananda Bharti case then laid down the basic framework principles of the country’s constitution. Former finance minister P Chidambaram In a series of tweets, he said on the issue that Rajya Sabha Chairman Dhankhar was wrong in saying that the Parliament is supreme, rather the Constitution is supreme.

Reacting on Twitter after Dhankhar’s statement, senior Congress leader P Chidambaram said that Dhankhar’s claim is that Parliament is supreme. But in reality the constitution is supreme. The doctrine of ‘basic structure’ was developed to prevent majoritarian attacks on the basic principles of the Constitution.”

The Hon’ble Chairman of the Rajya Sabha is wrong when he says that Parliament is supreme. Constitution is supreme.

The “fundamental framework” doctrine was developed to prevent majoritarian attacks on the fundamental principles of the Constitution.

— P Chidambaram (@Pchidambaram_IN) January 12, 2023

Such amendment shall be accepted: Chidambaram

Emphasizing the principle of basic structure, Chidambaram said, “Suppose the Parliament replaces the parliamentary system with a presidential system by majority vote or abolishes the list of states from Schedule VII and ends it by giving exclusive legislative powers to the states. In this case, will these amendments be valid?

In fact, the thoughts of the honorable chairman should alert every constitution-loving citizen to be wary of the dangers ahead, he said in another tweet.

Indeed, the approach of the honorable chairman should alert every constitution-loving citizen to be alert to the dangers ahead.

— P Chidambaram (@Pchidambaram_IN) January 12, 2023

What did Vice President Dhankhar say?

A day earlier, Vice President Jagdeep Dhankhar questioned the historic judgment in the Kesvananda Bharti case, which laid down the basic framework of the country’s constitution. Questioning this historic decision, Dhankhar said that the judiciary cannot compromise with the sovereignty of the Parliament. The Vice President said, “If any institution nullifies the law made by Parliament for any reason, it will not be good for democracy. Rather, it will be difficult to say whether we are a democratic country.

At the same time, when the Supreme Court struck down the National Judicial Appointments Commission (NJAC) Act in 2015, he said ‘this has never happened anywhere in the world’. Parliamentary sovereignty and autonomy are paramount for the survival of democracy and neither the executive nor the judiciary can be allowed to compromise it, he said.

Vice President Dhankhar was addressing the inaugural session of the All India Presiding Officers’ Conference in the Rajasthan Legislative Assembly. Commenting that the constitutional institutions work within their limits, the vice president said, “Can the right to amend the constitution depend on any other institution? Is there any new institution in the constitution which says that a law made by parliament becomes law only if we put our stamp on it?

In 1973 there was a very wrong tradition: Dhankhar

He said, “In 1973, a very wrong practice started. In 1973, in the Kesvananda Bharti case, the Supreme Court laid down the concept of basic structure that Parliament can amend the Constitution but not the basic structure. With due respect to the judiciary, I want to say that I cannot accept it.” He said, “If any institution annuls the law made by the Parliament for any reason, it will not be good for democracy. Rather, it will be difficult to say whether we are a democratic country.

Referring to the repeal of the NJAC Act passed by Parliament by the Supreme Court, he said, “The National Judicial Appointments Commission Act was passed in 2015. Such a law has been struck down by the Supreme Court… This has never happened anywhere in the world.

The Vice President said, “The Executive is appointed to comply with constitutional prescriptions emanating from Parliament. It is bound to follow NJAC. Judicial decisions cannot overrule it.” He added, “Parliament’s sovereignty cannot be allowed to be undermined by the executive or the judiciary.” His statement came amid an ongoing debate over the issue of appointments to senior posts in the judiciary, with the government questioning the current collegium system and the Supreme Court is defending it.

Dhankhar said that no institution can use power or authority to neutralize the order of the people. Addressing the presiding officers in the conference, he said that it is the responsibility of the Parliament and the Legislature to protect the sovereignty of the people.

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