Vice President Jagdeep Dhankhar opined its time to revisit norms that prescribe the participation of the Chief Justice of India in executive appointments. Dhankhar said it does not “merge with democracy”.
Addressing at National Judicial Academy, Bhopal, Dhankhar said, “How can in a country like ours or in any democracy, by statutory prescription, the Chief Justice of India participate in the selection of the CBI director?" PTI reported quoting the vice president. Asking is there any legal rationale behind the involvement of CJI in executive appointments, Dhankhar said, “I can appreciate that the statutory prescription took shape because the Executive of the day has yielded to a judicial verdict. But time has come to revisit. This surely does not merge with democracy. How can we involve the Chief Justice of India with any executive appointment!"
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Saying executive governance by judicial decree is a "Constitutional paradox”, Dhankhar said it is something the democracy like India can afford any longer. “All institutions must operate within their constitutional bounds,” the vice president said. ”Any intervention in governance, from legislature or judiciary, is antithetical to constitutionalism,” the publication quoted him saying.
Dhankhar added judicial review was a good thing as it ensures the conformation of laws with the Constitution. “But when it comes to amending the Constitution, the ultimate authority is Parliament,” said Dhankhar.
