“Courts Can’t Direct the President”: VP Dhankhar Slams Judicial Overreach, Article 142

New Delhi: In a sharp critique of judicial overreach, Vice President Jagdeep Dhankhar expressed serious concern over the Supreme Court’s recent directive setting a timeline for the President and Governors to clear pending bills. Speaking in the context of the Waqf Bill and growing judicial intervention in executive affairs, Dhankhar warned against the misuse of Article 142, calling it a “24×7 nuclear missile” against democratic powers.

The Vice President firmly stated, “We cannot allow a situation where courts issue directions to the President of India. That was never the vision of our Constitution.”

He argued that India was not meant to be a democracy where judges legislate, perform executive functions, and act as a “super Parliament.” Highlighting recent developments, he pointed out the lack of action against a judge allegedly caught with unaccounted cash. “It’s been a month, and not even an FIR has been filed,” Dhankhar said, questioning the legitimacy of the judicial committee investigating the matter.

Dhankhar added that investigation is the domain of the executive, not the judiciary, and challenged the legal basis of the committee: “Does it derive power from the Constitution or from any law passed by Parliament? No. At best, it can only make recommendations.”

Expressing grave concern for the rule of law, he said: “Are we weakening the rule of law? Are we not accountable to the very people who gave us the Constitution?”

He also warned against granting unchecked power to the Chief Justice of India, stating: “If all authority is vested in the Chief Justice, it could lead to dangerous consequences. The Constitution only allows for interpretation under Article 145(3) with a five-judge bench or more. When that clause was written, the court had only eight judges. Today it has 30. That structure must be revisited.”

Dhankhar concluded by describing Article 142 as a judicial tool that has transformed into an ever-ready weapon against democratic institutions. “It’s become a nuclear missile that the judiciary can launch anytime, against any pillar of democracy.”

These remarks come amid increasing national discourse around the balance of power among India’s constitutional institutions.