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Nowhere in the world Constitutional provisions are undone by courts like in India: Vice President Jagdeep Dhankar

Dhankar, who is also a Senior Advocate, said that in 2015-16, the Supreme Court struck down a Constitutional amendment which was passed unanimously in Lok Sabha and was unopposed in Raya Sabha.

Such instances do not have any parallel in any other democracy in the world, he lamented.

The Vice-President was perhaps referring to the Supreme Court striking down the Constitutional Amendment that would have paved way for a National Judicial Appointments Commission to appoint judges to the higher judiciary.

India in 2015-16 was dealing with a constitutional amendment act and as a matter of record the entire Lok Sabha voted unanimously and there was no abstention in Lok Sabha and that amendment act was passed. In Rajya Sabha there was no opposition. We the people their ordainment came to be reflected through most sanctified mechanism through applicable mechanism. That power was undone. The world does not know of any such instance. I appeal to all judicial minds please think of a parallel in the world where a constitutional provision can be undone,” he said.

Dhankar maintained that Constitutional provisions cannot be run down in such manner elsewhere.

“Nowhere in the world it says a provision can be run down. All that it says is substantive law can be interpreted. Look at it from another perspective a Constitutional amendment which carries the ordainment of people at large in such a vibrant democracy is undone then what will happen? These are the issues which must not be viewed on partisan lines,” he stated.

Dhankar was speaking after Chief Justice of India (CJI) DY Chandrachud delivered the 8th Dr LM Singhvi Memorial Lecture.

I appeal to the people who are judicial elite class, thinking minds … find a country where a Constitutional provision can be undone. But here our courts can run down such a provision. If the provision of the Constitution which has the backing of so many people is undone then imagine what will happen. After “this verdict” there was not a whisper in the parliament,” the Vice President said.

Source: Barandbench

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