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BIG STORY JANUARY 27, 2023 | The Indian Eye 5

principle of separation and balance of “parliament is supreme”.
powers conferred by the Constitution “The Hon’ble Chairman of
among all institutions while exercis- the Rajya Sabha is wrong when he
ing its constitutional mandate,” Om says that Parliament is supreme. It
Birla said. is the Constitution that is supreme.
He further added that the Leg- The “basic structure” doctrine was
islature, Executive and Judiciary - all evolved in order to prevent a major-
three institutions draw their powers itarian-driven assault on the foun-
and jurisdiction from the constitution dational principles of the Constitu-
and each organ should work in har- tion,” Chidambaram tweeted. The
mony, trust and balance. Congress leader’s statement follows
Expressing concerns about the Dhankar’s Wednesday remark when
questions of people’s faith in legisla- the Rajya Sabha Chairman said the
tive bodies, Birla said that there is a power of parliament to amend the
question mark about legislatures and Constitution is not subject to any
people’s representatives in the gen- other authority, but the “lifeline” of
eral public. We need to improve the democracy.
image and productivity of the Leg- The remarks were made by the
islatures. Also, Legislatures should Vice President at the 83rd All India Pre-
be more disciplined, meaningful and siding Officers Conference in Jaipur
dignified, he stated. “The essence of democracy lies
He noted that in the present Chief Justice of India Dhananjaya Y Chandrachud with Vice President Jagdeep Dhankar in the prevalence of the mandate of
context, there is a need to make Par- the people and securing their wel-
liament and Legislatures more effec- fare. The power of the Parliament to
tive, responsive and productive. It is amend the Constitution and deal with
the responsibility of the Presiding legislation is not subject to any other
Officers to give adequate opportuni- authority. This is the lifeline of a de-
ties for the expression of the hopes, mocracy. I am sure this will engage
expectations and concerns of the citi- your thoughtful consideration,” the
zens through the people’s representa- Vice President said.
tives in the Legislature. On Thursday Chidambaram also
Meanwhile, Congress spokes- said in his tweet: “Suppose Parlia-
person Jairam Ramesh on Thursday ment, by a majority, voted to convert
reacted to Rajya Sabha Chairman the parliamentary system into a Presi-
Jagdeep Dhankhar for his alleged dential system. Or repeal the State List
remark on the Supreme Court’s 1973 in Schedule VII and take away the ex-
Kesavananda Bharati judgment and clusive legislative powers of the States.
termed it an “extraordinary attack on Would such amendments be valid?”
the judiciary”. Chidambaram argued that after
“In my 18 years as a MP [Mem- the National Judicial Appointments
ber of the Parliament], I’ve never Commission (NJAC) Act was struck
heard anyone criticise the 1973 Ke- down, nothing prevented the Govern-
savananda Bharati judgment of Su- ment from introducing a new Bill. He
preme Court. In fact, legal luminar- Union law minister Kiren Rijiju at Parliament on the last day of Winter Session said: “The striking down of one Act
ies of BJP like Arun Jaitley hailed it does not mean that the “basic struc-
as a milestone. Now, Chairman of are inviolable. All the constitutional in 1973, in the Kesavananda Bharati ture” doctrine is wrong.”
Rajya Sabha says it was wrong. Ex- institutions the Judiciary, the Execu- case, the Supreme Court evolved for “In fact, the Hon’ble Chairman’s
traordinary attack on the judiciary!” tive and the legislature are required the first time, the right of the courts views should warn every Constitu-
Jairam Ramesh said in a tweet. While to confine to their respective domains to strike down constitutional amend- tion-loving citizen to be alert to the dan-
addressing the 83rd conference of and conform to the highest standard ments that violated what it called the gers ahead,” Chidambaram tweeted.
Presiding Officers in Rajasthan’s of propriety and decorum. The cur- “Basic Structure”, or the fundamen- “In a democratic society, ‘the ba-
Jaipur, the Vice President criticised rent scenario on this count calls for tal architecture of the Constitution,” sic’ of any ‘basic structure’ has to be
the 2015’s scrapping of the National serious attention by all concerned he said further adding that the top the supremacy of mandate of people.
Judicial Appointments Commission particularly those at the helm of these court has delivered several ‘signifi- Thus, the primacy and sovereignty of
(NJAC) and questioned the Kesa- institutions.” cant rulings’ on matters that it held Parliament and legislature are invio-
vananda Bharati judgment, which Stating that in a democratic soci- pivotal to this “Basic Structure” and lable,” Dhankar said on Wednesday.
holds the rule that the Parliament can ety, ‘the basic’ of any ‘basic structure’ in the “process parliamentary sover- All constitutional institutions the
amend the Constitution but not its is the prevalence of supremacy of the eignty was compromised.” Judiciary, the Executive, and the legis-
“basic structure”. mandate of people. He further high- Dhankhar’s statement has drawn lature are required to confine to their
He said that the judgement sets a lighted that the legislative sovereignty widespread criticism against him. respective domains and conform to
“wrong precedent” and he disagreed of Parliament is inviolable and will writ Notbaly, Dhankhar’s statement came the highest standard of propriety and
with the apex court’s ruling 1973 rul- large as provided by our constitution. in the backdrop of the ongoing de- decorum, Dhankar added. Dhankhar
ing in the Kesavananda Bharati case. “The power of the Parliament bate over the appointment of higher was expressing his concerns over the
He said, “In a democratic society, to amend the constitution and deal judiciary with the government. increasing instances of disruptions in
‘the basic’ of any ‘basic structure’ has with legislation is not subject to any Veteran Congress leader and for- Parliament and Legislatures, and he
to be the supremacy of mandate of other authority. This is lifeline of de- mer Union Finance Minister P Chi- urged the representatives to be con-
people. Thus the primacy and sover- mocracy. I am sure this will engage dambaram on Thursday refuted Vice scious of the expectations and aspira-
eignty of Parliament and legislature your thoughtful consideration. It was President Jagdeep Dhankhar’s claim tions of the people.

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