No provision for review of constitution amendment, says Dhankhar
Jagdeep Dhankhar called an all-party meeting at 4.30pm to discuss judicial accountability against the backdrop of the cash discovery at Delhi high court judge Yashwant Varma’s official residence
Rajya Sabha chairman Jagdeep Dhankhar on Tuesday said there is no constitutional provision for review or appeal of a constitutional amendment as he called an all-party meeting at 4.30pm to discuss judicial accountability against the backdrop of the cash discovery at Delhi high court judge Yashwant Varma’s official residence.
“...This House, keeping dignity in mind, demonstrating dignified conduct, unanimously created a legal system in 2015, and that constitutional structure that emanated unanimously with one abstention from the Parliament endorsed by state legislatures should be the rule of law because it was sanctified by the President by appending signatures under Article 111. Now is the befitting occasion for all of us to reiterate that because that was a visionary step endorsed by Parliament. And imagine if that had taken place, things would have been different,” he said.
Dhankhar was referring to the National Judicial Appointments Commission (NJAC), which the Supreme Court struck down as unconstitutional in 2015, a year after its passage in Parliament. The court said the judiciary cannot risk being caught in a “web of indebtedness” towards the government.
Dhankhar referred to NJAC and called it “a historic development with rare convergence of unity since independence as it found acceptance by needed state legislatures.” He added the House needs to reflect on what happened to the NJAC . “Under the Constitution, there is no provision that allows anyone to tinker...There is no constitutional provision for review or appeal of a constitutional amendment. If there is legislation in the country by Parliament or state, judicial review can take place…”
The all-party meeting was called after Dhankhar met the leader of the House JP Nadda and the leader of the Opposition Mallikarjun Kharge on the issue. “The issue undoubtedly is serious enough. ...three of us took note of the developments and the healthy development that for the first time in an unprecedented manner the Chief Justice of India took the initiative to put everything [related to cash discovery] in the public domain...a suggestion emanated from the leader of the Opposition and agreed by leader of the House that the issue needs to be deliberated at my instance with the floor leaders,” he said.
