Congress leader Jairam Ramesh Friday wrote to Rajya Sabha Chairman Jagdeep Dhankhar protesting his critical remarks on party leader Sonia Gandhi’s statement that the government is seeking to “deligitimise the judiciary”.
In his letter, the AICC general secretary (communications) said Gandhi’s utterances on Wednesday reflect a lack of faith not in democracy, but in those who claim to be its champions today.
Ramesh, also the chief whip of Congress in Rajya Sabha, alleged no previous government has “interfered as excessively and thoroughly” in the functioning of judiciary as the incumbent led by the BJP.
He said the principle of checks and balances under the Constitution is not being adhered to by the government “that has resulted in the current state of unease.” His letter comes in response to Dhankhar terming Gandhi’s remarks “inappropriate”, and asking political leaders not to subject high constitutional offices to partisan stances.
“Our statements,” Ramesh wrote, “Mr. Chairman, reflect a lack of faith not in our democracy as you say, but in the men and women who today claim themselves eminently positioned to be its champions.” Ramesh said he is “constrained” to place on record his comments on the chairman’s “quite extraordinary” remarks in response to a mere “statement of fact” by Gandhi.
Launching a scathing attack on the Modi government during her address to party MPs in the central hall of Parliament on Wednesday, Gandhi had said, “A troubling new development is the calculated attempt underway to delegitimise the judiciary. Ministers and even a high constitutional authority have been enlisted to making speeches attacking the judiciary on various grounds.
Her remarks came in the wake of recent run-ins between the government and the judiciary over several issues, including the appointment of judges to higher courts.
Earlier this month, Dhankhar criticised the judiciary for scrapping the National Judicial Appointments Commission (NJAC) Bill related to the appointment procedure for judges in higher courts and termed it an instance of “severe compromise of parliamentary sovereignty”.
A day after Gandhi’s remark, the Rajya Sabha chairman said in the Upper House of Parliament that her statements were “severely inappropriate, indicating a lack of faith in democracy, making this exceptional response unavoidable”.
“The statement imparted by the Hon’ble chairperson of the UPA is far distanced from my reflections. Delegitimising the judiciary is beyond my contemplation. It is a pillar of democracy. I would urge and expect leaders across the political spectrum to bear in mind not to subject high constitutional offices to partisan stances,” Dhankhar had said.
Ramesh said in his letter on Thursday, “We agree. We also point out that this entire debate was initiated entirely, and without provocation, by the Law Minister.” “Please do not cloak this debate in the guise of concern for parliamentary sovereignty,” he added.
He also claimed that the basic structure doctrine has stood the test of time for over 45 years and is considered a proud Indian judicial invention which is the envy of the world.
Vice President Dhankhar’s remarks had drawn responses from Congress members in the upper house also who said Gandhi had made the remarks outside the House.
Dhankhar had defended his statement, saying he would have abjudicated his oath and failed in his constitutional obligation had he not reacted. The chairman had said he suffered an “allegation that he was part of a system to delegitimise judiciary” and the Chair cannot be allowed to be dragged on partition stance.
Ramesh alleged this dispensation has been at the receiving end of some scathing indictments by the courts, and said some examples were when the government sought to argue against the fundamental right to privacy, or when it attempted to make Aadhar mandatory for everything, or when the judiciary granted bail to individuals held without just cause, or when it called into question numerous illegal prosecutions and detentions over the last eight years.
“In each of these cases, it was the power of Judicial Review which illuminated and halted the excesses of this Government,” he claimed.
Ramesh said Parliamentary sovereignty is best ensured by allowing Parliament to function, by ensuring that the Opposition is given space and the prime minister respects and responds to questions asked of his government.
“Parliamentary sovereignty is respected by ensuring Bills aren’t improperly classified as Money Bills to avoid voting in the Upper House. It is ensured by referring Bills to the appropriate Standing and Select Committees as per protocol instead of a JPC when it strikes the Government’s fancy, such as in the case of the CAA, the amendments to the PCA, and more recently the Biodiversity Amendment Bill,” the Congress leader said.
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