Bhopal:
Expressing surprise on Friday, Vice President Jagdeep Dhankhar said that how can the Chief Justice of India, the Central Bureau of Investigation (CBI) be included in the appointments in the top positions like the director of the Bureau of Investigation (CBI)? The Vice President also said that the time has come to “reconsider” such criteria. Dhankhar said at the National Judicial Academy in Bhopal that in his view, “the principle of the original structure” is “judicial basis debate”.
He questioned the people present there, “How can the Chief Justice be involved in the appointment of CBI Director in a country like us or in any democracy, through legal instructions?”
The Vice President said, “Can there be a legal plea for this?” I can appreciate the fact that legal instructions should be made because the executive of that time kneeled in front of the judicial decision. But now the time has come to reconsider it. It certainly does not coincide with democracy. How can we involve the Chief Justice of India in a top level appointment! ”
He said that through judicial order, executive rule is a “constitutional contradiction, which the world’s largest democracy cannot be tolerated anymore.” Dhankhar said that all institutions should work within their constitutional limits.
He said, “Governments are accountable to the legislature. They are also accountable towards voters from time to time. But if the executive regime is arrogant or outsourced, then there will be no accountability. ”The Vice President said that any interference in governance from the legislature or judiciary is” contrary to constitutionalism “. He said, “Democracy runs not on institutional isolation, but on coordinated autonomy. Undoubtedly, institutions make producers and optimal contributions while working in their respective fields. ”
On the power of judicial review, Dhankhar said that this is a “good thing”, because it ensures that the laws are in line with the constitution. He said, “The public presence of the judiciary should be mainly through decisions. Decisions speak themselves … Any other way of expression … weakens institutional dignity. ”
Dhankhar said, “I want to reconsider the current situation, so that we can come again in the same system, a system that can give excellence to our judiciary. When we see around the world, we never get that form of judges, as we see here on all issues. ”
He then spoke on the debate on the original structure theory, according to which Parliament cannot amend some basic characteristics of the Indian Constitution.
“After reading the book, after reading the book of former Solicitor General Andya Arjun (in which this theory was clarified) on the Keshavanand Bharti case, I think that I think a debate, judicial, a debate of the principle of the basic structure of the Constitution The basis is. ”
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