Extraordinary Attack on Judiciary: Congress on Dhankhar’s Kesavananda Bharati Case Verdict Remarks

Last Update: January 12, 2023, 4:36 pm IST

In my 18 years as an MP, I have never heard anyone criticize the Supreme Court's 1973 Kesavananda Bharti judgment, Congress general secretary in-charge Jairam Ramesh said in a tweet (Reuters File)

In my 18 years as an MP, I have never heard anyone criticize the Supreme Court’s 1973 Kesavananda Bharti judgment, Congress general secretary in-charge Jairam Ramesh said in a tweet (Reuters File)

Earlier, senior Congress leader P Chidambaram had said that Dhankhar was wrong to say that Parliament was supreme and his views should warn every constitution-loving citizen to be alert to the dangers ahead.

The Congress on Thursday termed Rajya Sabha Chairman Jagdeep Dhankhar’s remarks questioning the landmark 1973 Kesavananda Bharti case verdict as an “extraordinary attack on the judiciary” and said the “no-holds-barred attack” on one constitutional body by another was quite unprecedented. . ,

Vice President Dhankhar on Wednesday criticized the repeal of the NJAC Act in 2015 and also questioned the judgment in the Kesavananda Bharti case, saying it sets a wrong precedent and disagrees with the Supreme Court’s decision that Parliament can amend the constitution, but not its basic structure. ,

Congress general secretary in-charge Jairam Ramesh said in a tweet, “In my 18 years as an MP, I have never heard anyone criticize the 1973 Kesavananda Bharti judgment of the Supreme Court.”

“In fact, BJP’s legal stalwarts like Arun Jaitley hailed it as a milestone. Now the Chairman of Rajya Sabha says that it was wrong. Extraordinary attack on the judiciary!” he said.

It also mentions that this ‘no-holds-barred attack’ on one constitutional body by another is quite unprecedented, Ramesh said in another tweet.

“It’s one thing to have differing views, but the Vice President has taken confrontation with the Supreme Court to a whole different level!” They said.

Earlier, senior Congress leader P Chidambaram had said that Dhankhar was wrong to say that Parliament was supreme and his views should warn every constitution-loving citizen to be alert to the dangers ahead.

Responding to Dhankhar’s remarks, Chidambaram, a lawyer, said on Twitter, “The Honorable Chairman, Rajya Sabha is wrong when he says that Parliament is supreme. It is the Constitution that is supreme.” The former Union minister said the “Basic Structure” doctrine was developed to prevent a majoritarian-driven assault on the fundamental principles of the Constitution.

“Suppose the Parliament voted by a majority to convert the Parliamentary system into a Presidential system. Or repeal the State List in Schedule VII and take away the exclusive legislative powers of the States. Would such amendments be valid?” Chidambaram said in a series of tweets.

The senior Congress leader said that after the NJAC Act was scrapped, nothing could stop the government from introducing a new bill.

“Abolishing an Act does not mean that the ‘Basic Structure’ principle is wrong,” he said.

Chidambaram said, “Indeed, the thoughts of the Hon’ble Chairman should warn every constitution-loving citizen to be alert to the dangers ahead.”

Dhankhar had said on Wednesday that the “one-upmanship and public outburst” from judicial forums is not good and these institutions should know how to conduct themselves.

Dhankhar had virtually slammed the judiciary following the apex court’s remarks on the issue of the collegium system.

Addressing the 83rd All India Presiding over the officers’ conference in Jaipur on Wednesday, the Rajya Sabha chairman, who has been criticized both inside and outside the House for the repeal of the National Judicial Appointments Commission (NJAC) Act by the apex court, said it was “perhaps unique in democratic history”. The scenario was.” He had said, “The executive is bound to follow the constitutional prescription emanating from the Parliament. It is bound to follow the NJAC. A judicial decision cannot dilute it.”

His statement comes in the backdrop of a raging debate on the issue of appointments to the higher judiciary, with the government questioning the current collegium system and the Supreme Court defending it.

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(This story has not been edited by News18 staff and is published from a syndicated news agency feed)