Vice President Jagdeep Dhankhar has once again stressed that the Parliament is supreme while taking ahead the criticism of judicial ‘overreach’.

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Speaking at a Delhi University event on Tuesday, Dhankhar said that the “Parliament (i.e., the legislative) is supreme” and that “elected representatives (i.e., the Members of Parliament) are the ultimate masters of what the Constitution will be... there cannot be any authority above them”.

The Supreme Court, he said, had also overturned verdicts by nine high courts on the imposition of emergency, which he called “the darkest phase in democratic history”, and the suspension of fundamental rights.
“I say ‘darkest’ because the highest court in the land ignored the verdict of nine high courts... that democracy’s fundamental rights could never be put on hold,” the vice president said, adding that every word spoken by a constitutional functionary is guided by supreme national interest.

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“But that (the suspension of those rights) was done. It was held by the Supreme Court... as the sole arbiter of fundamental rights. It can suspend for as much time as it likes...” he said.

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“A prime minister who imposed an emergency was held accountable in 1977. Therefore, let there be no doubt about it -the Constitution is for the people, and it’s a repository of safeguarding it... Elected representatives... they are the ultimate masters as to what Constitution content will be. There is no visualisation in the Constitution of any authority above Parliament. Parliament is supreme, and that being the situation, let me tell you, it is as supreme as every individual in the country,” the vice president said amid the ongoing debate over judiciary versus executive.

He also cited two contradictory statements in verdicts by the Supreme Court.
“In one case, the SC says the preamble is not a part of the Constitution (Golakhnath case), and in another case, it says it is part of the Constitution (Kesavananda Bharati case).”

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He said that democracy cannot be disrupted and emphasised the importance of conversation in a democracy.
“Our silence might be very dangerous. Thinking minds have to be contributors to preserving our legacy. We cannot allow rundown institutions or tarnishing individuals. Every word by the constitutional authority is guided by the constitution.”

“We must take pride in our Bhartiyata. How can our democracy tolerate disruption? Public property being burnt. Public order disrupted. We must neutralise these forces. First by counselling, and even if a bitter pill is required,” he said.

Several BJP leaders have recently accused the top court of overstepping and encroaching on the executive’s domain.

Dhankhar’s fresh criticism comes just a day after the Supreme Court made a passing remark on judicial overreach allegations by a section of BJP leaders while hearing a petition seeking President’s rule in violence-hit West Bengal.

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While hearing the petition seeking the President’s rule in Bengal and the deployment of paramilitary forces, Justice BR Gavai said, “You want us to issue a writ of mandamus to the President to impose this? As it is, we are facing allegations of encroaching into the executive (domain).”

Earlier, on Thursday, the Vice President had criticised the apex court for setting a timeline for the President to sign the bills passed by a state.

Calling for accountability of the judiciary, Dhankhar said, “So, we have judges who will legislate, who will perform executive functions, who will act as super Parliament, and absolutely have no accountability because the law of the land does not apply to them.”