Bhopal:
The country’s Vice President Jagdeep Dhankar says that the Chief Justice of the country (Chief Justice of India) should not be involved in any executive appointment in a democracy like India. He expressed surprise and said that how can the Chief Justice of the country take part in the appointment of CBI director? Can there be any legal plea for this? He said that the time has come to reconsider such criteria. Speaking at the National Judicial Academy in Bhopal, he expressed deep concern over violation of the principles of division of powers.
Jagdeep Dhankhar said, “I can appreciate that the statutory instructions should be made, because the executive of that time kneeled in front of the judicial decision. But now the time has come to rethink it. Do not match with democracy.
New Chief Election Commissioner to be done soon Of Selection
This statement of Dhankhar has come at a time when a meeting is to be held to be elected the next Chief Election Commissioner. This appointment will be the first time after the passage of the Chief Election Commissioner and other Election Commissioner Act, 2023. Explain that the Act came after a decision of the Supreme Court in March 2023, in which the PM, the Leader of the Opposition and the three -member committee of the CJI were directed to work till the law was enacted by the Parliament. However, in the new law, the CJI is excluded from the committee. Critics say that the new law appointments are equal to more intervention of the executive and it is harmful to the freedom of the Election Commission.
Please tell that Chief Election Commissioner Rajiv Kumar is going to retire on February 18. The selection committee meeting is expected to be held on Monday for the appointment of his successor.
‘If the rule is egoistic, there will be no accountability’
Dhankhar said that through judicial order, executive rule is a constitutional contradiction, which the world’s largest democracy cannot be tolerated anymore. The Vice President said that all institutions should work within their constitutional limit. He says that governments are accountable to the legislature. They are also accountable to voters from time to time. But if the executive rule is arrogant or outsourced, then there will be no accountability.
The Vice President said that any interference in the government on behalf of the legislature or judiciary is contrary to constitutionalism. Democracy runs not on institutional separation, but on coordinated autonomy. Undoubtedly, institutions make productive and optimal contribution 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.
“Decisions speak themselves”
The Vice President said that the public presence of the judiciary should be mainly through decisions. Decisions speak themselves, any other method of expression weakens institutional dignity. Jagdeep Dhankhar said that he wants to reconsider the current situation, so that again comes the same system, a system that can give excellence to our judiciary. He said that when we see around the world, we never get that form of judges, as we see here on all issues.
After this, Dhankhar spoke on the debate on the original structure theory, according to which Parliament cannot amend some basic characteristics of the Indian Constitution. Citing the book of former Solicitor General Andya Arjun on the Keshavanand Bharti case, he said that after reading the book, I think there is a debate, judicial basis for the principle of the original structure of the Constitution.