Dhankhar stands firm on constitutional issues as he completes half his term as V-P

As Jagdeep Dhankhar completes half of his term as the Vice-President of India, he has set the cat among the pigeons by raising several constitutional issues, reiterating a firm stand on separation of powers.

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A former Member of the Lok Sabha and a senior advocate, Dhankhar assumed the office of the Vice-President on August 11, 2022, 25 days after resigning as the Governor of West Bengal.

Be it separation of powers, judicial appointments, opposition’s attacks on him or the Collegium’s decision to summon Allahabad High Court judge Shekhar Kr Yadav or the recent attacks on Hindus in Bangladesh, Dhankhar has not shied away from speaking his mind, triggering debates in political and legal circles.

Barely a few months after assuming his office, Dhankhar had on December 2, 2022, questioned the undoing of the National Judicial Appointments Commission (NJAC) Act and the 99th Constitutional Amendment, wondering if a constitutional amendment unanimously passed by Parliament reflecting the will of the people could be declared unconstitutional by the Supreme Court. Noting that Article 145(3) said interpretation of the Constitution could be done when a substantial question of law was involved, he said nowhere it suggested a provision could be run down. He said the three organs should respect the “Lakshman rekha”.

However, the V-P’s comments on the Collegium didn’t go down well with the Supreme Court which asserted that the Collegium system was the law of the law that must be followed. A Bench led by Justice SK Kaul (since retired) had asked Attorney General R Venkataramani to advise the government on the correct legal position on the issue.

Addressing the 83rd All India Presiding Officers Conference in Jaipur, Dhankhar had on January 11, 2023, questioned the Supreme Court’s landmark verdict in the Kesavananda Bharati case, saying it set a bad precedent. If any authority questioned Parliament’s power to amend the Constitution, it would be difficult to say “we are a democratic nation”, he said.

However, the then CJI DY Chandrachud contradicted him by describing the basic structure doctrine as the North Star which guided its interpreters and implementers alike when the path looked convoluted.

Breaking his silence on the Opposition’s attempt to remove him, Dhankhar, who is also the Rajya Sabha Chairperson, in December 2024 termed it a hasty move akin to using a rusted vegetable-cutting knife for bypass surgery.

“Just look at the notice against the Vice-President. Just look at the six links they have given. You'll be shocked. Chandra Shekhar Ji once said, ‘Never use a vegetable-cutting knife for bypass surgery.’ The notice wasn't even a vegetable-cutting knife; it was rusted. There was haste. When I read it, I was astonished. But what surprised me more was that none of you read it. If you had, you wouldn’t have been able to sleep for days”, Dhankhar said, addressing a function of the Women Journalist Welfare Trust.

In a suo motu statement in the Rajya Sabha on February 13, Dhankhar asserted that only Parliament has jurisdiction to deal with the removal of Justice Shekhar Kumar Yadav as a judge of the Allahabad High Court for his alleged misconduct as 55 opposition MPs have given a notice in this regard.

“The jurisdiction for the stated subject matter constitutionally lies in exclusivity with the Chairman Rajya Sabha and in an eventuality with the Parliament and Hon'ble President,” he said, informing the House that the Rajya Sabha Secretary General has been asked to share the information with the Supreme Court Secretary General.

Highlighting human rights violations against Hindus in Bangladesh, in October last year Dhankhar questioned the global silence on the issue and said being "too tolerant" against such transgressions was not appropriate. Addressing the foundation day celebrations of the National Human Rights Commission, he said the "so-called moral preachers, custodians of human rights" stood exposed.

Senior advocate said, “He (Dhankhar) has taken a very bold stand on various issues. But that’s the stand of the Executive. Probably, he would not have taken such a stand had he continued to be in the legal profession.”