Dhankhar Criticises NJAC Bill Scrapping, Says Doctrine of Separation of Powers Must Be Respected

Vice President Jagdeep Dhankhar on Wednesday criticised the scrapping of the National Judicial Appointment Commission (NJAC) bill and said it was “undone” by the Supreme Court. This brought up the the ongoing tussle between SC and the government over appointment of judges yet again. Dhankhar said the Doctrine of Separation of Powers must be respected.

In his maiden address in the House, the Rajya Sabha chairperson reminded people of “laxman rekha” saying any incursion by the three organs of the government into each others domains has the potential to upset governance, a PTI report said.

Dhankhar said the scrapping of the NJAC bill was a “glaring instance of severe compromise of parliamentary sovereignty and disregard of the mandate of the people”.

Democracy blossoms and flourishes when its three facets — the legislature, the judiciary and the executive — scrupulously adhere to their respective domains, Dhankhar said, adding that the doctrine of separation of powers must be respected.

Referring to the 99th Constitutional amendment Bill that entailed the formation of the NJAC, he said the “historic” parliamentary mandate on it was “undone by the Supreme Court on October 16, 2015 by a majority of 4:1 finding the same as not being in consonance with the judicially evolved doctrine of ‘Basic Structure’ of the Constitution”.

Earlier on Friday, Dhankhar had criticised the SC decision at an event attended by Chief Justice DY Chandrachud. The Vice-President’s comments come days after the Supreme Court signalled its displeasure about the government delay in signing off its choice of judges.

Talking about the Supreme Court’s order, the vice president said this was a “glaring instance of severe compromise of parliamentary sovereignty and disregard of the mandate of the people of which this House and the Lok Sabha are custodians”.

Dhankhar also noted that it is disconcerting that on “such a momentous issue, so vital to democratic fabric, there has been no focus in Parliament, now for over seven years”.

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