New Delhi:
The respect for the judiciary is paramount and all pillars of democracy are working in tandem for a Viksit Bharat, top government sources have said. The statement appears to be a balancing act after Vice President Jagdeep Dhankhar and a section of BJP leaders targeted the Supreme Court and top judges took note.
“Respect for the judiciary is paramount. All pillars of democracy are working in tandem for a Viksit Bharat. The judiciary and the legislature are two sides of the same coin,” a highly-placed source in the government told NDTV.
The clarification comes shortly after the Supreme Court red-flagged some of the provisions in the contentious Waqf Amendment Act, which has sparked protests in several parts of the country. Following the red flags, the Centre has paused some provisions in the new law.
The Centre, the sources said, will address all pending Waqf-related petitions in the Supreme Court through due legal process. “Everyone has the right to knock on the doors of the Supreme Court. The Union of India will present its side in the Supreme Court,” the source said.
The Centre’s remarks on the respect of the judiciary come close on the heels of Vice-President Jagdeep Dhankhar’s strong words against the top court. The Vice-President, also chairman of Rajya Sabha, targeted the top court over its Tamil Nadu judgment that effectively set a deadline for the President and Governors to clear Bills passed by the legislature for the second time. We cannot have a situation where you direct the President of India and on what basis… Article 142 (has become a nuclear missile against Democratic forces, available to the judiciary 24 x 7,” he said.
Doubling down, Mr Dhankhar today stressed that the Parliament is “supreme” and that elected representatives are the ultimate masters of what constitutional content should be.
In its Tamil Nadu judgment, the top court had also said that only courts have the prerogative to provide recommendations regarding the constitutionality of a Bill and the Executive is supposed to exercise restraint in such matters.
In the aftermath of the landmark verdict, the Supreme Court faced criticism from a section of BJP leaders. BJP MP Nishikant Dubey sparked a row when he said Parliament must be shut down if the Supreme Court makes all decisions. “The Supreme Court is crossing its limits…when the Ram Mandir, Krishna Janmabhoomi, or Gyanvapi issue arises, you (Supreme Court) say, ‘Show us the paper’. But for mosques built after the Mughals came, you are saying how will you show papers? The Supreme Court is responsible for inciting religious wars in this country,” he said. Mr Dubey asked how the Supreme Court can set a deadline for President and Governors to clear Bills. BJP leader Dinesh Sharma said no one can “challenge” the President, as the President is “supreme”.
The BJP leadership distanced itself from its leaders’ remarks. “The Bharatiya Janata Party has nothing to do with the statements made by BJP MPs Nishikant Dubey and Dinesh Sharma on the judiciary and the Chief Justice of the country. These are their personal statements, but the BJP neither agrees with nor supports such statements. The BJP completely rejects these statements.”
The Opposition has, however, accused the ruling party of threatening the judiciary and trying to weaken it.
Senior judges in the Supreme Court have made it clear that they have taken note of the remarks. Justice BR Gavai, who takes over as Chief Justice of India next month, mentioned twice yesterday that the top court was being accused of encroaching on the Executive’s domain. And today, Justice Surya Kant, the third most senior judge in the Supreme Court, said the institution of the judiciary comes under attack every day and that they are “not worried”.
Justice Surya Kant’s remarks came as he heard a contempt of court case involving a newspaper report from Karnataka. The lawyer arguing the case pointed to public criticism of the judiciary and urged the Supreme Court to take notice of the contempt charge. In reply, Justice Surya Kant indicated he was “not worried about the institution…”.