New Delhi: The ongoing debate over the boundaries of legislative and judicial powers has intensified, with Vice President and Rajya Sabha Chairman Jagdeep Dhankhar calling a meeting of floor leaders to discuss critical issues concerning the judiciary’s authority over constitutional amendments.
The Chairman’s remarks come amid growing tensions surrounding the judicial review of a constitutional amendment passed unanimously by Parliament in 2015, barring one abstention, and subsequently endorsed by the required number of state legislatures. The amendment was sanctioned by the President under Article 111, making it part of the Constitution. However, recent judicial interventions have reignited questions about the scope of judicial review.
Dhankhar asserted that under the Indian Constitution, there is no provision for reviewing or appealing a constitutional amendment, as long as the amendment adheres to constitutional principles. “If Parliament passes a law, judicial review can ensure its conformity with the Constitution, but a constitutional amendment, once ratified, should hold the field,” he stated.
The Chairman emphasized that the matter goes beyond judicial scrutiny and strikes at the heart of parliamentary sovereignty and supremacy. “What emanated from the Indian Parliament, endorsed by state legislatures, and sanctified by the Hon’ble President cannot be breached by any institution. We are at a crossroads where the will of Parliament faces judicial orders. This raises serious concerns about the relevance of Parliament,” he added.
Highlighting the gravity of the situation, Dhankhar revealed that he had engaged with both the Leader of the House and the Leader of the Opposition, noting the rare convergence of opinion between the ruling party and the opposition on the matter. Following these discussions, the Chairman scheduled a meeting with floor leaders at 4:30 p.m. today to deliberate further.
Dhankhar also praised the unprecedented move by Chief Justice of India D.Y. Chandrachud to make all related material public and form a committee to address the issue swiftly. However, he stressed the need for Parliament and the judiciary to operate within their respective domains for the democratic system to function optimally.
As the meeting of floor leaders convenes, the nation watches closely. The outcome could have far-reaching implications for the delicate balance of power between Parliament and the judiciary, potentially reshaping India’s constitutional landscape.
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