VP Dhankhar: Supreme Court's Interpretative Power Should Remain A 'Small Slit', Not A 'Floodgate'

Vice President Jagdeep Dhankhar warned on Sunday that any "incursion" on the Parliament's domain by other state bodies could upset the "delicate applecart" of governance.

He stated that the “constitutional provision providing for interpretation of law or Constitution to the Supreme Court is a small slit” and “can’t be a floodgate”.

During the Constitution Day celebrations organized by the Law Ministry in New Delhi, Dhankhar asserted that only Parliament has the authority to shape the Constitution, without the involvement of any other entity, be it executive or judiciary.

He further clarified that while Parliament cannot dictate a ruling to the Supreme Court, the Supreme Court also cannot formulate laws for them.

“Parliament alone is the architect of the Constitution to the exclusion of any other agency, executive or judiciary… Parliament can’t script a judgment to the Supreme Court. Similarly, Supreme Court can’t script law for us," he said, Indian Express reported.

“People who sit in Parliament are there because through a legitimised mechanism on a proper platform, the people have expressed their mandate. Therefore Parliament is the soul of democracy…," he said.

The Vice President emphasised the absolute authority of Parliament as the "sole architect of the Constitution," and that “it is not amenable in its task to intervention either from the executive or the judiciary”.

“The sovereignty of Parliament is synonymous with sovereignty of the nation and the same is impregnable. Why I say so? The executive survives only if it has strength in Parliament. I don’t want to be a loudmouth; but the other institution also survives only when it is sanctified by Parliament. Therefore, such a body, the foundation of which is the mandate of the people, cannot allow any incursion in its domain. That will be disturbing the delicate applecart of governance in a democracy," he said.

The Vice President stated that any incursion in the Parliament's exclusive domain would be a "Constitutional aberration".

Dhankhar expressed that the best way to foster democracy is when all state organs work in harmony. He emphasised the constitutional requirement for each of these state organs to operate within their respective jurisdictions.

Dhankhar asserted that statesmanship should be employed to resolve differences.

“Public posturing generating perception as a strategy to deal with such differences is best avoided,” Dhankhar said.

“…The independence of the judiciary is unquestioned but time has come that we must have a mechanism of a structured interaction among those at the helm of affairs of such institutions so that issues don’t come in public domain,” he said.

"Constitutional provision allowing interpretative power to the Supreme Court regarding legislation is a small slit and it cannot be a floodgate. We have to extremely worry about this and I am sure the people with the kind of nationalism they have, these issues will be thrashed out so that Bharat rises and soars," Dhankar added.