Revisiting the Role of Judiciary in Executive Appointments
In a recent address at the National Judicial Academy in Bhopal, Vice-President Jagdeep Dhankhar raised vital questions regarding the involvement of the Chief Justice of India (CJI) in executive appointments. He emphasized the need to “revisit” norms that allow such judicial participation, particularly in selecting key positions like the CBI director.
Concerns Over Separation of Powers
Dhankhar expressed apprehension about the breach of the principle of separation of powers, stating, “Executive governance by judicial decree is a Constitutional paradox that the largest democracy on the planet cannot afford any longer.” He highlighted that when institutions overstep their boundaries, the essence of democracy is compromised.
Accountability and Governance
The Vice-President underlined that accountability is enforceable only when executive roles are performed by elected governments. He warned against any intervention that undermines constitutionalism and the fundamental premise of democracy. “Democracy thrives not on institutional isolation but in coordinated autonomy,” he noted.
Judicial Review: A Double-Edged Sword
While acknowledging the importance of judicial review in ensuring laws align with the Constitution, Dhankhar asserted that Parliament retains ultimate authority over constitutional amendments. He stressed that judicial expression should primarily come through judgments, as any other form risks undermining institutional dignity.
A Call for Dialogue
Emphasizing the importance of dialogue in democracy, he stated, “Expression without dialogue means my way or no way.” A collaborative approach is essential to address differences and find common ground.
Conclusion
Vice-President Dhankhar’s remarks serve as a crucial reminder of the need for clarity in the roles of different branches of governance in India. As we navigate complex constitutional issues, it is essential to foster an environment of constructive dialogue and cooperation.
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