There is no visualisation in Constitution of any authority above Parliament: VP Dhankhar

New Delhi, April 22 Hitting out at late Prime Minister Indira Gandhi for imposing Emergency, Vice President Jagdeep Dhankhar on Tuesday advocated the supremacy of citizens and Parliament in a democracy, saying voters’ elected representatives are the “ultimate masters” and sentinels of the Constitution’s content. He added that there was no visualisation in the Constitution of any authority above Parliament.

As he presided as the chief guest over ‘Kartavyam’, an event marking the celebration of 75 years of the Indian Constitution, organised at Delhi University, Dhankhar said, “Elected representatives are the ultimate masters as to what the Constitution’s content will be. There is no visualisation in the Constitution of any authority above Parliament. The Parliament is supreme. And that being the situation, let me tell you, it is as supreme as every citizen in the country.”

Amid a raging debate over judicial overreach in the Tamil Nadu Bills case in which the Supreme Court set a three-month deadline for the President to decide on granting assent to Bills, Dhankhar reminded people of the citizen’s power to vote and steer a democracy.

“Through elections a Prime Minister who imposed Emergency was held accountable in 1977 and, therefore, let there be no doubt about it that the Constitution is for the people and the repository of safeguarding it is with elected representatives,” he said.

The VP, who faced flak in some quarters for recently using strong words against the judiciary for brining the President's functions under review, reminded all constitutional functionaries about their limits.

In a veiled manner, he said all organs of a democracy have an obligation towards respecting the citizens, their elected representatives and Parliament.

He also questioned some constitutional experts who described the President as a titular head or a ceremonial Constitutional functionary in their effort to justify the three-month deadline set for deciding on Bills.

“Nothing can be far distanced from our wrong understanding of the role of everyone in this country - constitutional functionary or a citizen,” he said.

“A democracy is built by citizens. Every one of them has a role. The soul of democracy resides and pulsates in every citizen. Democracy will blossom, its values will get heightened when a citizen is alert and contributes,” he said.

The remarks of Dhankhar, ex-officio Chancellor of the University of Delhi, come a day after the top court, while refraining from issuing a direction to the Union government in a recent case noted, “We are accused of intruding into Parliament’s domain”.

Earlier this month, the top court, using its inherent powers under Article 142 of the Constitution, resolved a standoff between the Tamil Nadu government and Governor R.N. Ravi over the delay in granting assent to Bills passed by the Assembly.

In the process, the apex court, apparently, brought Presidential actions under judicial review by favouring a three-month deadline for granting assent to Bills.

The controversy took a new twist after Dhankhar used strong words against the judiciary, comparing Article 142 to a ‘nuclear missile’ available to the judiciary against democratic forces.

The debate intensified with former Union Minister and renowned lawyer Kapil Sibal calling Dhankhar's criticism an attack on the judiciary and a potential act of shaking public faith in courts.

However, renowned lawyer Mahesh Jethmalani put his weight behind the Vice President for fulfilling his obligation of upholding the Constitution.

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