How have judges reacted to attacks on Supreme Court's power
What's the story
Supreme Court Justice Surya Kant has sought to downplay the criticisms of India's top judicial body by Vice President Jagdeep Dhankhar and Bharatiya Janata Party (BJP) MP Nishikant Dubey. "We are not worried... the institution comes under attack every day," he said. The comments were made in the wake of a recent Supreme Court directive, which gave a three-month deadline for the president to take a call on bills pending for approval from governors.
VP's remarks
Dhankhar asserts elected representatives are 'ultimate masters' of Constitution
This directive had turned into a battle between the judiciary and the executive. "The judiciary cannot play the role of 'super parliament' and get into the domain of the executive," Vice President Dhankhar, also a lawyer, said last week. He had also referred to Article 142 of the Constitution—which empowers the Supreme Court—as a "nuclear missile against democratic forces available to the judiciary 24x7."
Article 142 controversy
Dhankhar criticizes Supreme Court's use of Article 142
BJP MP Dubey had also retaliated by accusing the SC of "taking India toward anarchy." Accusing CJI Sanjiv Khanna of instigating "civil wars," he said, "The President appoints the Chief Justice....The Parliament makes the law of this country. How did you make a new law? In which law is it written that the President has to take a decision within three months?" "This means that you want to take this country towards anarchy," Dubey was quoted as saying by ANI.
Government's stance
We are criticized for interfering with executive's function: Justice Gavai
On Monday, Supreme Court judge Justice BR Gavai had also responded to the apparent attacks on the judiciary while hearing a matter regarding the violence in West Bengal over the Waqf Act. While hearing the plea over online content, he said, "Who can control it? It is for the Union to frame a regulation in that regard." "As it is, we are now criticized that we are interfering with the executive's function, the legislative functions," Justice Gavai said.
Kapil Sibal
Kapil Sibal hits back
Supreme Court Bar Association President Kapil Sibal also hit back at Dhankhar again over his "Parliament is supreme" remark. "The Constitution is supreme. The provisions of the Constitution are interpreted by the Supreme Court. That's how this country has understood the law so far," Sibal wrote on X. His post came after Dhankhar reiterated the supremacy of elected representatives over constitutional matters. "Parliament is supreme. It is as supreme as every individual in the country," he said.