India judiciary cannot direct the president: Vice-President Dhankar

New Delhi: Vice-President Jagdeep Dhankhar on Thursday said India cannot have a situation where the judiciary directs the President, asserting that Article 142 of the Constitution has become a “nuclear missile against democratic forces for the judiciary.”

Speaking at the Valedictory Function of the sixth Rajya Sabha Internship Programme at the Vice-President’s Enclave, Dhankhar proposed amending Article 145(3), which relates to the bench strength required to decide substantial constitutional questions.

“We cannot have a situation where you direct the President of India, and on what basis? The only right you have under the Constitution is to interpret the Constitution under Article 145(3). There, it has to be five judges or more... Article 142 has become a nuclear missile against Democratic forces, available to the judiciary 24x7,” he said.

He argued that when Article 145(3) was introduced, five judges constituted a majority of the then eight-judge Supreme Court, unlike today, where the court has over 30 judges. He criticised recent judicial directions, saying some judges had overstepped constitutional bounds.

Dhankhar also announced plans to set up a structured platform to provide comprehensive, authentic public access to legislative activities in both Houses of Parliament.

“I will work out with the Hon’ble Speaker, and in about two months’ time, we will launch it. So, people of the country will have the benefit of having authentic information from a sanctified platform... You will also have access to archives that are privy to the Indian Parliament,” he said.

His remarks come days after the Supreme Court, on April 8, ruled Tamil Nadu Governor RN Ravi’s decision to withhold 10 bills and reserve them for the President’s assent as “illegal and erroneous in law.”

The court stated that the Governor must act on the aid and advice of the State Legislature and cannot withhold assent when a bill is re-enacted by the Assembly without changes.

“All actions taken by the Governor thereto for the 10 bills are set aside. The 10 bills shall be deemed to be clear from the date it was re-presented to the Governor,” the bench ruled.

Dhankhar on Thursday commented on the alleged recovery of cash from Delhi High Court Judge Yashwant Varma’s residence, noting no FIR has been filed and stressing that special permission is required to initiate proceedings against a judge.

Calling the incident an “alarming expose,” Dhankhar, questioned the delay in public disclosure.

“An event happened on the night of the 14th and 15th of March in New Delhi, at the residence of a judge. For seven days, no one knew about it... It was only on 21st March, disclosed by a newspaper, that people of the country were shocked as never before,” he said.

He noted that Supreme Court input pointed to possible culpability. “Even if it is a can of worms... time for the cupboard to collapse,” he added.

Reaffirming the principle of presumption of innocence, Dhankhar underlined that no formal investigation is underway. “No investigation under law is in progress at the moment... For a criminal investigation, the initiation has to be by an FIR—First Information Report. It is not there.”

While FIRs can be filed against any citizen, Dhankhar pointed out, “If it is judges—FIR cannot be straightaway registered. It has to be approved by the concerned in judiciary. But that is not given in the Constitution.”

He emphasised that only the President and Governors are granted immunity under the Constitution. “How come a category beyond law has secured this immunity?” he asked.

A committee of three judges is currently examining the matter, but Dhankhar stressed that “investigation is the domain of the Executive,” and that the committee lacks constitutional or statutory backing. “The only action that can be taken is by the Parliament,” he said.

Referring to a recent media survey, Dhankhar said public trust in the judiciary is eroding. “The principle of equality before law... is the nectar of our democracy. Time for us to enforce it.”

Justice Yashwant Varma was quietly transferred and sworn in at the Allahabad High Court on April 15 amid the ongoing controversy.