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Use of executive power by judiciary, legislature against Constitution: V-P

Vice President Jagdeep Dhankhar addresses the gathering at the felicitation ceremony of former union minister Dr. Karan Singh. PTI

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Vice-President Jagdeep Dhankhar on Sunday made a strong case for separation of powers, saying exercise of executive authority either by the judiciary or the legislature is against constitutional principles.

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He was speaking at the felicitation ceremony of former J&K Governor Karan Singh, who completed 75 years of public life, at the India International Centre here today. The Vice-President said, “Dr Singh has over seven decades witnessed the rise of the nation and contributed to it in myriad ways. The nation presently is in unprecedented economic upsurge and on an incremental developmental trajectory, well set to be a developed nation@2047, if not earlier. Convergence of forces within and outside inimical to Bharat is a matter of deep concern and alarming.”

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Flagging concerns around “anti-national narratives”, Dhankhar said, “There is need for concerted endeavours to influence national mood so as to neutralise these pernicious forces.”

On separation of powers, the V-P said, “Undoubtedly, executive governance is exclusive to the executive, as are legislation to legislatures and verdicts to courts. Exercise of executive authority by either judiciary or legislature is not in consonance with democracy and constitutional prescriptions. This is an established position as the executive for governance is alone accountable to the legislature and answerable to courts by way of judicial review.”

He said executive governance by the judiciary is jurisprudentially and jurisdictionally beyond constitutional sanctification.

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“This aspect is engaging active attention of the people indicating in their perception umpteen such instances,” the V-P said, urging Karan Singh and other leaders, intelligentsia and the academia, for deeper reflection on the matters.

Dhankhar said influencers, the most potent weapon of democracy to inspire and motivate people, need to act as a beacon for catalysing healthy enlightening national discourse to ensure deference to constitutional essence.

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