‘Judges Acting As Super-Parliament, Have No Accountability’: VP Dhankhar’s Strong Remarks On Judiciary – News18

Last Updated:April 17, 2025, 17:06 IST

VP Dhankhar’s strong-worded statement on judiciary came days after SC set a deadline for the President and Governors to decide on a Bill. He also spoke about cash recovery at Delhi HC judge’s house.

Vice President Jagdeep Dhankhar slams judiciary (PTI Image)

Vice President Jagdeep Dhankhar on Thursday made strong-worded remarks on the powers of the Supreme Court, stating that there cannot be a situation in a democracy where the courts direct the President.

His remarks came days after the Supreme Court, in a landmark judgment, set a deadline for the President and the Governors to give assent to legislation.

Addressing the 6th batch of Rajya Sabha interns, Dhankhar spoke at a stretch about the massive cash haul from the residence of Delhi High Court judge Yashwant Varma, slamming the judiciary’s response to the controversy.

“An event happened on the night of March 14 and 15 in New Delhi, at the residence of a judge. For seven days, no one knew about it. We have to ask questions to ourselves. Is the delay explainable? Condonable? Does it not raise certain fundamental questions? In any ordinary situation, and ordinary situations define the rule of law – things would have been different. It was only on March 21, disclosed by a newspaper, that people of the country were shocked as never before,” Dhankhar said, recalling the row that shook the country.

“Thereafter, fortunately, in the public domain, we had input from an authoritative source, the Supreme Court of India. And the input indicated culpability. Input did not lead to doubt that something was amiss. Something required to be investigated. Now the nation waits with bated breath. The nation is restive because one of our institutions, to which people have always looked up with highest respect and deference, was put in the dock,” he said.

He underlined that no FIR has been registered against Justice Varma even after the recovery of cash during the fire department operation to douse the fire at his residence and noted that a case can be filed against anyone in the country, but a special permission is required if a judge has to be booked.

“An FIR in this country can be registered against anyone, any Constitutional functionary, including the one before you. One has only to activate the rule of law. No permission is required. But if it is the Judges, their category, the FIR cannot be registered straightaway. It has to be approved by the concerned in the Judiciary, but that is not given in the Constitution,” he said.

“The Constitution of India has accorded immunity from prosecution only to the Honourable President and the Honourable Governors. So, how come a category beyond the law has secured this immunity? Because the ill effects of this are being felt in the minds of one and all. Every Indian, young and old, is deeply concerned. If the event had taken place at his house, the speed would have been an electronic rocket. Now it is not even a cattle cart,” the Vice President highlighted.

Dhankhar said that the investigation is the domain of the Executive and asked why a committee of three judges has been formed to inquire into the cash recovery case. He further asked if the committee had been sanctioned under any law enacted by the Parliament.

“No. And what can the committee do? The committee can at most make a recommendation. Recommendation to whom? And for what? The kind of mechanism we have for judges, the only action finally that can be taken is by the Parliament. When proceedings of removal are initiated, a month has passed, more than that, and investigation requires speed, expedition, and preservation of incriminating material. As a citizen of the country and holding the position that I do, I am concerned. Are we not diluting the rule of law?” the VP asked.

The Vice President referred to the Supreme Court judgment on the President’s domain to give assent to a Bill and asked if the judges would “act as super-parliament”.

“There is a directive to the President by a recent judgment. Where are we heading? What is happening in the country? We have to be extremely sensitive. It is not a question of someone filing a review or not. We never bargained for democracy on this day. The President is called upon to decide in a time-bound manner, and if not, it becomes law. So we have judges who will legislate, who will perform executive functions, who will act as super-parliament, and absolutely have no accountability because the law of the land does not apply to them,” he said.

He said that Article 142 of the Constitution has become a “nuclear missile against Democratic forces” for the judiciary.

“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 or more. Article 142, Article 142 has become a nuclear missile against Democratic forces, available to the judiciary 24×7″, Dhankhar added.