"To stir your minds, how can in a country like ours or in any democracy, by statutory prescription, Chief Justice of India participate in the selection of the CBI director?" Jagdeep Dhankhar asked the gathering in Bhopal.
Vice President questions Chief Justice's involvement in executive appointments
Executive governance by judicial decree is a Constitutional paradox that the largest democracy on the planet cannot afford any longer, Vice President Jagdeep Dhankhar said.
Vice President Jagdeep Dhankhar on Friday wondered how can the Chief Justice of India, even by "statutory prescription", get involved in executive appointments such as that of CBI director, and said it was time to "revisit" such norms.
Speaking at the National Judicial Academy, Bhopal, he also said that in his view, the 'doctrine of basic structure' has a very "debatable jurisprudential basis".
Article 145(3) of the Constitution of India states that at least five judges are required to sit on a case involving the interpretation of the Constitution.
Underlining the importance of dialogue and deliberation, the vice president said if the right to express oneself is throttled or diluted, "democracy gets thinner and thinner and thinner."
"Can there be any legal rationale for it?
I can appreciate that the statutory prescription took shape because the Executive of the day has yielded to a judicial verdict. But time has come to revisit. This surely does not merge with democracy. How can we involve the Chief Justice of India with any executive appointment!" he said.
Executive governance by judicial decree is a "Constitutional paradox that the largest democracy on the planet cannot afford any longer," the vice president further said.
All institutions must operate within their constitutional bounds, he said.
"Governments are accountable to the legislature. And periodically accountable to the electorate. But if executive governance is arrogated or outsourced, enforceability of accountability will not be there," he said.
No comments:
Post a Comment