'Laxman Rekha Must Be Respected': Vice-President Dhankhar Slams Judiciary For Scrapping NJAC Bill

Rajya Sabha Chairman Jagdeep Dhankhar said the legislature, the judiciary, and the executive should respect the "Laxman Rekha".

Rajya Sabha chairperson Jagdeep Dhankhar in his maiden speech in the House on Wednesday slammed the judiciary for shelving the National Judicial Appointments Commission bill and called the move an “instance of severe compromise of parliamentary sovereignty".

He said the government's three organs — the legislature, the judiciary and the executive — should respect the "Laxman Rekha".

Dhankhar said the members of the Parliament had "unanimously" voted in favour of the NJAC bill and that there is "no parallel to such a development in democratic history where a duly legitimised constitutional prescription has been judicially undone". “The doctrine of separation of powers must be respected. Any incursion by one institution, in the domain of the other, has the potential to upset the governance apple cart,” he further said.

Dhankhar pointed out that the Constitution (Ninety-ninth Amendment) Act, 2014, formed a National Judicial Appointments Commission. He called the parliamentary mandate on it "historic" and said that it was "undone by the Supreme Court on October 16, 2015, by a majority of 4:1 finding the same as not being in consonance with the judicially evolved doctrine of 'Basic Structure' of the Constitution".

Dhankhar's remarks come at a time when the government and the judiciary are locked in an intense battle over the latter’s way of functioning. Union Law minister Kiren Rijiju has been regularly criticising the collegium system of appointment of judges.

The Vice-President called this a “grim reality of frequent incursions”. “This House is eminently positioned to take affirmative steps to bring about congeniality amongst these wings of governance. I am sure you all will reflect and engage in way forward stance," Dhankhar said.

"This House needs to catalyse this wholesome environment to promote synergic functioning of constitutional institutions, emphasising need to respect Laxman Rekha," he added.