VP Questions: CJI’s Role in Appointments?

Aakhir Tak – In Shorts

Vice President Jagdeep Dhankhar questioned the Chief Justice’s involvement in executive appointments. He specifically raised concerns about the CJI’s participation in selecting the CBI director. Dhankhar expressed his views on the ‘doctrine of basic structure’, calling it ‘debatable’. He stated that executive governance by judicial decree is a constitutional paradox. He urged all institutions to operate within their constitutional bounds.

Aakhir Tak – In Depth

Vice President Jagdeep Dhankhar sparked a debate Friday by questioning the role of the Chief Justice of India (CJI) in executive appointments. He asked how the CJI could be involved in appointing positions like the CBI director. The Vice President stated that it’s time to revisit such norms. Speaking at the National Judicial Academy in Bhopal, he also deemed the ‘doctrine of basic structure’ to have a ‘debatable jurisprudential basis’. His remarks come at a time of increasing scrutiny of judicial overreach.

Dhankhar questioned how, in any democracy, the Chief Justice of India can participate in the selection of the CBI director through statutory prescription. He acknowledged the current system might stem from the Executive yielding to a judicial verdict. However, he emphasized the need for reassessment. He clarified that the Chief Justice’s involvement in executive appointments doesn’t align with democratic principles. This raises concerns about the separation of powers.

The Vice President described executive governance by judicial decree as a constitutional paradox. He believes the largest democracy on the planet can no longer afford this. Dhankhar urged all institutions to operate within their constitutional boundaries. He added that governments are accountable to the legislature. They are also periodically accountable to the electorate. Enforceability of accountability will disappear if executive governance is outsourced.

Dhankhar labeled the power of judicial review as a “good thing” because it ensures that laws conform to the Constitution. He stressed that Parliament holds the ultimate authority to amend the Constitution. The judiciary’s public presence should primarily be through judgments, he argued. He believes other forms of expression undermine institutional dignity. His comments reflect a concern about the judiciary’s expanding influence.

Dhankhar expressed his desire to revisit the current state of affairs to enhance the judiciary. He noted that judges worldwide do not reflect on every issue as they do in India. Referencing a book by former Solicitor General Andhya Arjuna on the Kesavananda Bharati case (where the basic structure doctrine was articulated), he suggested the doctrine lacks a strong foundation.

Recalling his tenure as Parliamentary Affairs Minister in 1990, Dhankhar mentioned there were eight judges in the Supreme Court at the time. Article 145(3) stipulated that constitutional interpretations would require a bench of at least five judges. He cautioned that under the guise of interpretation, there can be no “arrogation of authority”. The spirit of Article 145(3), as envisioned by the founding fathers, must be respected. He emphasized the importance of dialogue and deliberation, noting that democracy weakens when the right to express oneself is stifled.

Aakhir Tak – Key Takeaways to Remember

Vice President Jagdeep Dhankhar questioned CJI’s role in executive appointments. He also shared his views on the ‘doctrine of basic structure’. He argued that executive governance by judicial decree creates a constitutional paradox. He urged all institutions to operate within their boundaries.

Aakhir Tak Editor-in-Chief

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