The Crossbill Team
A political storm has erupted following Vice President Jagdeep Dhankhar’s remarks on a recent Supreme Court verdict involving the role of governors in withholding bills passed by state legislatures.
Opposition leaders and legal experts have denounced his comments, calling them unethical and bordering on contempt of court.
Dhankhar, while speaking at an event on Thursday, accused the judiciary of acting like a “super Parliament” and criticised Article 142 of the Constitution, calling it a “nuclear missile available with judiciary against democratic forces 24X7.”
He questioned the Supreme Court's authority in directing the President, stating, “There is a directive to the president by a recent judgment. Where are we heading? What is happening in the country?”
The Supreme Court's recent ruling had asserted that Governors and the President cannot indefinitely withhold assent to bills passed by elected legislatures.
The Court invoked Article 142 to uphold the principle of constitutional accountability, reinforcing that no constitutional authority can override democratic processes by inaction.
Responding to Dhankhar’s remarks, DMK MP Tiruchi Siva stressed the supremacy of the Constitution and the need for each branch of government to respect its boundaries.
“When all three act on their own spheres, one should not forget that Constitution is supreme. The recent Supreme Court verdict on the role of Governors and President invoking Article 142 undoubtedly has established that no individual in the name of being a constitutional authority can sit over the bills passed by a legislature indefinitely undermining the constitutional provisions,” he wrote on X.
Siva called Dhankhar’s statements “unethical” and a challenge to the rule of law.
“Vice President Mr Jagdeep Dhankhar’s observations on this SC verdict is unethical! Every citizen is and must be aware (of) that. “The rule of law” prevails in the Union of India, he added.
Trinamool Congress MP Kalyan Banerjee also lashed out at the Vice President, saying his comments were “highly objectionable and borders on contempt.” He argued that Dhankhar, as a constitutional authority, is expected to uphold and respect the dignity of other institutions.
“As a constitutional authority, he is expected to uphold and respect other constitutional institutions and authorities, thereby honouring the spirit of the Constitution. However, the Vice President has repeatedly shown disregard for the Supreme Court, which is a deeply concerning trend,” Banerjee said.
The Communist Party of India (CPI) issued a statement strongly opposing Dhankhar’s remarks, asserting that such comments reflect a broader attempt to erode the independence of the judiciary, weaken federalism, and consolidate power in the hands of the executive.
“The CPI asserts that such interventions are not isolated but form part of a broader, dangerous strategy to erode judicial independence, weaken federalism and centralise power in the hands of an increasingly authoritarian executive,” the party statement noted.
Senior advocate Prashant Bhushan reacted sharply, saying, “This ignoramus thinks that the President is above the rule of law!” He underscored that even the highest constitutional authorities are bound by the Constitution and its interpretations by the judiciary.
Veteran lawyer and Rajya Sabha MP Kapil Sibal expressed his disappointment, stating he was both saddened and surprised by the Vice President’s remarks.
“If any institution is trusted throughout the country in today's time, it is the judiciary. When some government people do not like the decisions of the judiciary, they start accusing it of crossing its limits... Does he know that the Constitution has given the right of Article 142 to the Supreme Court to give complete justice?” he said.
He also reminded Dhankhar that the President is a titular head who acts on the advice of the Cabinet and does not possess individual discretionary powers.
"The President is only a titular head... The President acts on the authority and advice of the cabinet. The President has no personal right of their own. Jagdeep Dhankhar should know this," he added.
The controversy comes at a time of growing tension between the judiciary and the executive, with critics warning against attempts to undermine judicial independence and constitutional checks and balances.
Opposition leaders and legal experts have denounced his comments, calling them unethical and bordering on contempt of court.
Dhankhar, while speaking at an event on Thursday, accused the judiciary of acting like a “super Parliament” and criticised Article 142 of the Constitution, calling it a “nuclear missile available with judiciary against democratic forces 24X7.”
He questioned the Supreme Court's authority in directing the President, stating, “There is a directive to the president by a recent judgment. Where are we heading? What is happening in the country?”
#WATCH | Delhi | Vice-President Jagdeep Dhankhar says, "...We cannot have a situation where you direct the President of India and on what basis? The only right you have under the Constitution is to interpret the Constitution under Article 145(3). There, it has to be five judges… pic.twitter.com/U7N9Ve3FZx
— ANI (@ANI) April 17, 2025
The Supreme Court's recent ruling had asserted that Governors and the President cannot indefinitely withhold assent to bills passed by elected legislatures.
The Court invoked Article 142 to uphold the principle of constitutional accountability, reinforcing that no constitutional authority can override democratic processes by inaction.
Responding to Dhankhar’s remarks, DMK MP Tiruchi Siva stressed the supremacy of the Constitution and the need for each branch of government to respect its boundaries.
“When all three act on their own spheres, one should not forget that Constitution is supreme. The recent Supreme Court verdict on the role of Governors and President invoking Article 142 undoubtedly has established that no individual in the name of being a constitutional authority can sit over the bills passed by a legislature indefinitely undermining the constitutional provisions,” he wrote on X.
Siva called Dhankhar’s statements “unethical” and a challenge to the rule of law.
“Vice President Mr Jagdeep Dhankhar’s observations on this SC verdict is unethical! Every citizen is and must be aware (of) that. “The rule of law” prevails in the Union of India, he added.
Trinamool Congress MP Kalyan Banerjee also lashed out at the Vice President, saying his comments were “highly objectionable and borders on contempt.” He argued that Dhankhar, as a constitutional authority, is expected to uphold and respect the dignity of other institutions.
“As a constitutional authority, he is expected to uphold and respect other constitutional institutions and authorities, thereby honouring the spirit of the Constitution. However, the Vice President has repeatedly shown disregard for the Supreme Court, which is a deeply concerning trend,” Banerjee said.
The Communist Party of India (CPI) issued a statement strongly opposing Dhankhar’s remarks, asserting that such comments reflect a broader attempt to erode the independence of the judiciary, weaken federalism, and consolidate power in the hands of the executive.
“The CPI asserts that such interventions are not isolated but form part of a broader, dangerous strategy to erode judicial independence, weaken federalism and centralise power in the hands of an increasingly authoritarian executive,” the party statement noted.
Senior advocate Prashant Bhushan reacted sharply, saying, “This ignoramus thinks that the President is above the rule of law!” He underscored that even the highest constitutional authorities are bound by the Constitution and its interpretations by the judiciary.
Veteran lawyer and Rajya Sabha MP Kapil Sibal expressed his disappointment, stating he was both saddened and surprised by the Vice President’s remarks.
“If any institution is trusted throughout the country in today's time, it is the judiciary. When some government people do not like the decisions of the judiciary, they start accusing it of crossing its limits... Does he know that the Constitution has given the right of Article 142 to the Supreme Court to give complete justice?” he said.
#WATCH | Delhi | On Vice President Jagdeep Dhankhar's statement, Senior advocate and Rajya Sabha MP Kapil Sibal says, "I was saddened and surprised to see Jagdeep Dhakhar's statement. If any institution is trusted throughout the country in today's time, it is the judiciary. When… https://t.co/69pbTeMYEK pic.twitter.com/ccvhS2bqj9
— ANI (@ANI) April 18, 2025
He also reminded Dhankhar that the President is a titular head who acts on the advice of the Cabinet and does not possess individual discretionary powers.
"The President is only a titular head... The President acts on the authority and advice of the cabinet. The President has no personal right of their own. Jagdeep Dhankhar should know this," he added.
The controversy comes at a time of growing tension between the judiciary and the executive, with critics warning against attempts to undermine judicial independence and constitutional checks and balances.
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