No constitutional visualisation of any authority above Parliament: Jagdeep Dhankhar
Vice President Jagdeep Dhankhar again underlined that Parliament is supreme vis-à-vis framing laws days after he raised questions about the judiciary acting as a “super Parliament”
The Constitution is for the people, the elected representatives are its repositories and the ultimate masters as to what its content will be, Vice President Jagdeep Dhankhar said on Tuesday, underlining that constitutional offices are not “ornamental”.
“There is no visualisation in the Constitution of any authority above Parliament... Parliament is supreme, and that being the situation, it is as supreme as every individual in the country. Part of ‘We the People’ [preamble] is an atom in democracy...that atom has atomic power. That atomic power is reflected during elections...that is why we are a democratic nation,” he said at ‘Kartavyam’, an event at the University of Delhi commemorating the Constitution’s 75 years.
Dhankhar again underlined that Parliament is supreme vis-à-vis framing laws. Last week, he expressed concern over the April 8 Supreme Court judgment, setting a timeline for the President to sign bills sent by the governors. He had raised questions about the judiciary performing executive functions and acting as a “super Parliament”.
On Tuesday, he underscored the role of citizens in preserving democracy and contributing to nation building. “For any democracy, every citizen has a pivotal role. I find it inconceivably intriguing that some have recently reflected that constitutional offices can be ceremonial or ornamental.” He called it a wrong understanding of the role of a constitutional functionary or a citizen.
Dhankhar said citizens build a nation and democracy, and everyone of them has a role. “The soul of democracy resides and pulsates in every citizen. Democracy will blossom. Its values will get heightened when a citizen is alert and contributes... what a citizen contributes, there is no substitution for that,” he said.
Dhankhar said the Constitution’s preamble says no one is above the people of India. “...And we, the people of India, under the Constitution, have chosen to reflect their aspirations, their desires, and their will through their public representatives. And they hold the representatives accountable—severely accountable, on occasions—through elections.”
He recalled the Emergency imposed when Indira Gandhi was the prime minister, and said she was held accountable for the excesses, such as curtailment of freedom of expression and personal freedom, and liberty. “A prime minister who imposed the Emergency was held accountable in 1977. And therefore, let there be no doubt about it...”
He said democracy is not only for the government to govern. “It is participatory democracy, not just laws, but also culture and ethos. Citizenship demands action, not merely status…Democracy is shaped not by governments. Democracy is shaped by individuals. Because individuals bear the responsibility to uphold our symbols, preserve our heritage, defend sovereignty, and foster brotherhood.”
He advocated a better quality of discourse for a healthy democracy and underlined the significance of freedom of expression. “We have to understand democracy thrives through expression and dialogue.”
He added that expression and dialogue are the core mantras of democracy. “If your right of expression is throttled or regulated, as was done during the Emergency, democracy nosedives...If you hesitate to speak the right thing, at the right time, to the right group and the right person, you will not only weaken yourself but also deeply hurt those positive forces. Therefore, expression and dialogue are of utmost importance.”
