‘Constitution is supreme…’: P Chidambaram dismisses Vice President's remarks
Pointing out the features of the ‘basic structure doctrine’, the former Union minister said it prevents a “majoritarian-driven assault" on the principles of the Constitution.
Senior Congress leader P Chidambaram on Thursday dismissed Vice President Jagdeep Dhankhar's “Parliament is supreme” claim and said that it is the Constitution that is supreme. Pointing out the features of the ‘basic structure doctrine’, the former Union minister said it prevents a “majoritarian-driven assault" on the principles of the Constitution.
"The Hon'ble Chairman of the Rajya Sabha is wrong when he says that Parliament is supreme. It is the Constitution that is supreme. The "basic structure" doctrine was evolved in order to prevent a majoritarian-driven assault on the foundational principles of the Constitution," he said in a series of tweets.
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The basic structure doctrine provides power to the Supreme Court to dismiss any law if it is found to be unconstitutional. It prevents the legislature or executive to change the basic structure of the Constitution.
Citing an example, Chidambaram said majority vote of the Parliament votes for presidential system of government, over the current parliamentary system, cannot be treated as valid.
“Suppose Parliament, by a majority, voted to convert the parliamentary system into a Presidential system. Or repeal the State List in Schedule VII and take away the exclusive legislative powers of the States. Would such amendments be valid?” he asked. He also added that turning down the National Judicial Appointments Commission (NJAC) Act doesn't disprove the basic structure doctrine. "After the NJAC Act was struck down, nothing prevented the Government from introducing a new Bill. The striking down of one Act does not mean that the "basic structure" doctrine is wrong," he said.
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The Rajya Sabha Chairman earlier said he doesn't subscribe to the Kesavananda Bharti case ruling, which said that Parliament can amend the Constitution, however it cannot change its basic structure. "If any institution on any basis strikes down the law passed by parliament then it will not be good for democracy and would be difficult to say we are a democratic nation," he said addressing the 83rd All India Presiding Officers Conference in Jaipur.
Chidambaram raised concern over Dhankhar's comments and said his views should “warn every Constitution-loving citizen to be alert to the dangers ahead”.
