New Delhi [India] March 26 (ANI): Hours after he pitched for National Judicial Appointments Commission (NJAC) Act, stating that “things would have been different” if the legislation concerning judicial appointments had not been struck down by the Supreme Court, Rajya Sabha Chairman Jagdeep Dhankhar met floor leaders of various political parties.
The meeting was held in the wake of allegations concerning Justice Yashwant Varma after a fire incident at his residence on March 14 led to the discovery of a substantial amount of cash. Justice Varma has vehemently denied the allegations, asserting that neither he nor his family owns the cash.
The Vice President had earlier in the day referred to allegations concerning Justice Yashwant Varma, and said the matter is agitating minds of all branches of governance.
“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 rule of law because it was sanctified by the President by appending her signatures under Article 111,” he said.
“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 added.
Dhankhar said what emanated from Indian Parliament as a historic development with rare convergence of unity since independence found acceptance by needed State Legislatures.
“We need to reflect what happened to that. Under the Constitution, there is no provision that allows anyone to tinker with that. There is no constitutional provision of review or appeal of a constitutional amendment. If there is legislation in the country by parliament or state, judicial review can take place…., whether there is conformity with constitutional provisions,” he said.
“Now, before the nation, there are two situations, one, what emanated from the Indian Parliament, duly endorsed by state legislatures, sanctified by the President by appending signatures under Article 111, and second, is a judicial order. Now, we are at crossroads. I strongly urge members to reflect,” he added.
He said there can be no breach by any institution of what emanated from the parliament, endorsed by legislatures.
“And that should again, I reiterate, be the mechanism holding the field. It is time for us, having seen such extraordinarily painful scenario…… Innocence is something which we take at a very high level till someone is proven guilty,” he said.
The Chairman also referred to his meetings with Leader of the Opposition Mallikarjun Kharge and Leader of the House JP Nadda.
“We will come back to the House on this very critical important issue, that concerns much beyond judicial mess. It concerns sovereignty of Parliament, supremacy of Parliament, and whether we are at all relevant. If we effect an amendment in the Constitution, and that is not executable. If a constitutional amendment is not executable, I have no doubt the Parliament is possessed of the power. Any power…in any institution to ensure what emanated from the Indian Parliament, sanctified by a requisite number of State Legislatures, holds the field,” he said.
“I had the benefit yesterday of the wise counsel, experienced counsel of Leader of the House and Leader of the Opposition who were gracious enough to respond to my invitation for an interaction on this very critical issue that is agitating minds in all branches of governance. The issue undoubtedly is serious enough. We three of us together took note of the developments and also took note of the healthy development that for the first time in unprecedented manner the Chief Justice of India took the initiative to put everything in public domain but then a suggestion emanated from 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 added.
Dhankhar said legislature and judiciary perform optimally when they perform best in their respective realm with expedition.
“I do not wish to be judgmental on any issue but one thing which has found widespread acceptability in the country is that the entire material available with the Supreme Court has been shared with the people at large and constitution of a committee with that speed I’m sure things will be available to us,” the Rajya Sabha Chairman said. (ANI)
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