Jagdeep Dhankhar said, if any institution invalidates the law made by the Parliament on any ground, then it will not be good for democracy.
New Delhi :
Vice President Jagdeep Dhankhar on Wednesday questioned the landmark judgment in the Kesavananda Bharti case that laid down the 'principle of basic structure of the Constitution' in the country.
Dhankhar has questioned the principle of basic structure and indicated that the judiciary should know its limits.
Reacting to this statement of Dhankhar, the Congress has said that 'he' should go back to the textbooks as the Constitution is supreme and not the legislature.
The Congress has said that Vice President and Rajya Sabha Chairman Jagdeep Dhankhar calling the decision related to the Kesavananda Bharti case 'wrong' is an unprecedented attack on the judiciary.
Addressing the inaugural session of the All India Presiding Officers' Conference at the Rajasthan Legislative Assembly in Jaipur, the Vice President had said, "Can Parliament's right to amend the Constitution depend on any other institution?"
Is there any new 'theatre' (institution) in the Constitution of India, which will say that the law made by the Parliament will be law only if we put our stamp on it.
In 1973 a very wrong practice was set, in 1973 the Supreme Court in Kesavanand Bharti's case laid down the idea of basic structure...that the Parliament can amend the constitution but not the basic structure." He said, "If If any institution invalidates the law made by the Parliament on any grounds, then it will not be good for democracy. Rather, it will be difficult to say whether we are a democratic country.
Reacting to Dhankhar's remarks, party general secretary Jairam Ramesh tweeted, "In 18 years as an MP, I have never heard anyone criticize the Kesavananda Bharti case judgment of the Supreme Court. BJP like Arun Jaitley Many legalists of India had praised this decision as a milestone.
Now the Chairman of Rajya Sabha says that this decision is wrong.
This is an unprecedented attack on the judiciary.'' Jairam Ramesh also said, 'It is unprecedented to attack constitutional institutions one after the other.
Difference of opinion is a different matter, but the Vice President has taken the confrontation with the Supreme Court to a different level. Parliament is supreme so they are wrong.
Constitution is supreme.
The basis for that judgment (Kesavananda Bharti) was to prevent majoritarianism-based attacks on the basic principles of the Constitution." He also says, "After the repeal of the NJAC (National Judicial Appointments Commission) Act, the government No one had stopped him from bringing a new bill.
Repeal of the bill does not mean that the basic principle itself is wrong.
In fact, after hearing the views of the Chairman, Chidambaram said, "Every constitution-loving citizen should become aware of the dangers ahead." No, but there is a need to return to Indian books.
He said, "The Constitution of India is supreme, not the legislature.
Constitution is our biggest.
We need to follow this principle." (input from language also)
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