Vice President Dhankhar Criticised Judicial Overreach, Questioned Judges' Immunity & Demanded Inquiry

New Delhi: Vice President Jagdeep Dhankhar on Thursday mounted a trenchant critique on judicial overreach, questioning the legality of judges' immunity from criminal investigation and calling for an urgent probe into the alleged discovery of cash at a Delhi High Court judge’s residence. He also described Article 142 of the Constitution as a “nuclear missile against democratic forces,” demanding a structural relook at how substantial constitutional matters are decided in court.

Article 142 of the Indian Constitution grants the Supreme Court broad powers to ensure "complete justice" in any matter before it.  This includes the power to pass decrees or orders necessary for justice, which are enforceable throughout India. It also allows the Court to make orders regarding attendance of witnesses, discovery of documents, and punishment of contempt.  Speaking at the valedictory session of the sixth Rajya Sabha Internship Programme at the Vice-President’s Enclave, Dhankhar raised alarm over the judiciary’s growing encroachment into executive functions.

Referring to a recent Supreme Court verdict that invalidated Tamil Nadu Governor RN Ravi’s decision to withhold assent to ten bills, he said, “We cannot have a situation where you direct the President of India, and on what basis?” He argued under Article 145(3), only a bench of five or more judges has the authority to interpret constitutional provisions. “But forget about it; the judges who issued a mandamus virtually to the President and presented a scenario that it would be the law of the land have forgotten the power of the Constitution,” Dhankhar said, adding, “Article 142 has become a nuclear missile against Democratic forces, available to the judiciary 24 x 7.” His sharpest comments, however, were reserved for what he called a troubling immunity enjoyed by judges.

Citing the alleged discovery of unaccounted cash at the residence of Justice Yashwant Varma, Dhankhar expressed concern over the delay in launching a formal investigation. “An FIR in this country can be registered against anyone—any constitutional functionary, including the one before you. One has only to activate the rule of law. No permission is required. But if it is judges— FIR cannot be straightaway registered. It has to be approved by the concerned in judiciary. But that is not given in the Constitution,” he said. The Vice President questioned how judges had come to enjoy immunity not granted by the Constitution, which, he noted, explicitly protects only the President and Governors. “So how come a category beyond law has secured this immunity? Because the ill-effects of this are being felt in the mind of one and all. Every Indian, young and old, is deeply concerned,” he said.

Taking aim at the internal judicial probe into the case, Dhankhar said, “Is the committee under the Constitution of India? No. Is this committee of three judges having any sanction under any law emanating from Parliament? No... The committee report, according to me, inherently lacks legal standing.” He warned that unchecked judicial immunity and unaccountability were eroding public trust. “A survey conducted recently by a media house indicated that public confidence in the institution of the Judiciary is dwindling,” he said. With Justice Varma quietly transferred to the Allahabad High Court and sworn in under private circumstances, Dhankhar concluded with a pointed challenge: “Time for us to enforce equality before law. It is nectar of our democracy.”