New Delhi [India], April 22 : Amid potshots by a few BJP members on some recent verdicts of Supreme Court and Vice President Jagdeep Dhankhar stating that Article 142 has become "a nuclear missile against democratic forces," former Union Minister Kapil Sibal has said that the Court has the obligation to interpret the Constitution and do complete justice.
He also said that neither Parliament nor the Executive is supreme but the Constitution is supreme.
"Supreme Court : Parliament has the plenary power to pass laws Supreme Court has the obligation to interpret the Constitution and do complete justice (Article 142) Everything the Court said is : 1) Consistent with our constitutional values 2) Guided by national interest," Sibal said in a post on X.
"The law : Neither Parliament Nor the Executive is supreme 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!" he added.
https://x.com/KapilSibal/status/1914604804971671626
Dhankhar, who addressed students of Delhi University, said that elected representatives are the ultimate masters as to what the Constitution's content would be.
"A Prime Minister who imposed 'Emergency' was held accountable in 1977. And therefore, let there be no doubt about it: The Constitution is for the people, and its repository of safeguarding is that of the elected representatives. They are the ultimate masters as to what the Constitution's content will be," he said.
Earlier this month, Jagdeep Dhankhar had questioned the judiciary setting a timeline for the President to take decisions concerning bills referred by state governors.
He also said Article 142 has become "a nuclear missile against democratic forces".
Sibal, a Rajya Sabha MP, had earlier criticised Dhankhar's remarks pertaining to the judiciary.
"I was saddened and surprised to see Jagdeep Dhakhar's statement. If any institution is trusted throughout the country in today's time, it is the judiciary. When some government people do not like the decisions of the judiciary, they start accusing it of crossing its limits. And when they like the decisions, they tell the opposition: 'This was the decision of the Supreme Court, no one should question it on Article 370.' Similarly, when there are questions on the Ram Janmabhoomi judgment, they say, 'This was the decision of the Supreme Court.," Sibal had said.