Kapil Sibal’s ‘1975 attack’ on Jagdeep Dhankhar’s ‘nuclear missile’ statement on Supreme Court

Rajya Sabha member Kapil Sibal on Friday criticised Vice President Jagdeep Dhankhar’s remarks on the judiciary, saying it was “unconstitutional” and no Rajya Sabha chairman had ever been seen making such a “political statement”. Sibal also said that the Lok Sabha Speaker and the Rajya Sabha Chairman maintain equal distance between the opposition and the ruling party and they cannot be “party spokespersons”.

Sibal told reporters, “Everyone knows that the Lok Sabha Speaker’s chair is in the middle. He is the Speaker of the House, not the Speaker of any one party. They also do not vote, they vote only when there is a tie. The same is the case with the Upper House. You are at an equal distance between the opposition and the ruling party.” Kapil Sibal said, “Whatever you say should maintain equal distance. You cannot be a spokesperson of any party. I do not say that he (Dhankhar) is, but in principle no speaker can be a spokesperson of any party. If it seems like this, then the dignity of the chair is reduced.”

Indira Gandhi’s example was given

Sibal recalled the 1975 Supreme Court decision, in which the election of the then Prime Minister Indira Gandhi was declared invalid. He said, “People will remember that when the Supreme Court’s decision came about the election of Indira Gandhi, only one judge Justice Krishna Iyer gave the verdict and she was removed from the post. Dhankhar ji accepted this, but now the decision of a two-judge bench against the government is being questioned?”

Kapil Sibal also expressed disappointment over the public criticism of the authority of the Supreme Court by the Vice President. He said, “I was saddened and surprised to see Jagdeep Dhankhar’s statement. If there is any institution that wins the trust of the people across the country, it is the judiciary. The President is only a nominal head. The President works on the authority and advice of the Cabinet. The President has no personal authority. Jagdeep Dhankhar should know this.”

What did Jagdeep Dhankhar say

Addressing the 6th batch of Rajya Sabha trainees at the Vice President’s residence on Thursday, Jagdeep Dhankhar said, “We cannot create a situation where you give instructions to the President of India and that too on what basis? The only authority you have under the Constitution is to interpret the Constitution under Article 145 (3). This requires five or more judges.” Vice President Jagdeep Dhankhar also said that Article 142 has become a nuclear missile against democratic powers, which is available to the judiciary 24 x 7. Vice President Jagdeep Dhankhar said, “Recently judges almost gave orders to the President and it was considered as law, while they forgot the power of the Constitution. Article 142 has now become a ‘nuclear missile’ against democratic powers, which is available to the judiciary 24 hours a day.”