NEW DELHI: Senior advocate Kapil Sibal hit back at Vice President Jagdeep Dhankhar‘s ‘Parliament is supreme‘ saying that the Constitution is paramount. Sibal’s retort came merely hours after the VP’s remarks in an escalating confrontation between the legislature and the judiciary.
Dhankhar had earlier said that the elected representatives are the “ultimate masters” of constitutional content and that the “Parliament is supreme.”
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Hitting back at Dhankhar, Sibal in a social media, said, “Neither Parliament Nor the Executive is supreme The Constitution is supreme.”
He went on to add that the Constitution is interpreted by the apex court.
“The provisions of the Constitution are interpreted by the Supreme Court That’s how this country has understood the law so far,” Sibal said.
Speaking at an event organised by the University of Delhi, Dhankhar had said “no one above the people of India”
“Let me tell you, Constitution in encapsulated it essence, its worth, it nectar in preamble of the Constitution. And what does it say, We the people of India, the supreme power is with them. No one above the people of India,” Dhankhar said.
“And therefore, let there be no doubt about it, Constitution is for the people. And its repository of safeguarding it is that of elected representatives. They are the ultimate masters as to what constitutional content will be. There is no visualisation in constitution of any authority above Parliament. Parliament is supreme,” the VP said.
The comments by the Vice President came days after he had slammed the Supreme Court for overreaching its judicial authority and had taken exception to the recent SC rulling setting timelines for governors and the President to decide on Bills. He had called Article 142 of the Constitution a “nuclear missile” for the judiciary.
Referring to the apex court invoking Article 142 of the Constitution, which grants Supreme Court broad powers to ensure “complete justice” in any case before it, Dhankhar said Thursday this “has become a nuclear missile against democratic forces, available to the judiciary 24×7”.
“Article 142 has become a nuclear missile against Democratic forces available to judiciary 24×7. We cannot have a situation where you direct the President of India and on what basis?” Dhankhar had questioned.