New Delhi, April 17 – Vice President Jagdeep Dhankhar on Thursday expressed serious concerns over the judiciary’s growing influence, particularly its use of Article 142, which he described as a “nuclear missile against democratic forces.” His comments came during the Valedictory Function of the sixth Rajya Sabha Internship Programme held at the Vice-President’s Enclave.
Addressing the audience, Dhankhar stated that India must not reach a point where the judiciary can issue directions to the President. He criticized the application of Article 145(3), which mandates a Constitution Bench of at least five judges to interpret substantial constitutional matters.
“We cannot have a situation where you direct the President of India… The only right you have under the Constitution is to interpret it under Article 145(3),” he said. “When Article 145(3) was included, the Supreme Court had eight judges. Now it has over 30. So, five out of eight made sense then—but today, five is a small fraction. This needs an amendment.”
He further asserted that Article 142, which empowers the Supreme Court to pass orders to ensure “complete justice,” has been overused, calling it a 24×7 judicial weapon that undermines democratic frameworks.
Dhankhar’s remarks came in the wake of the Supreme Court’s April 8 judgment, where it ruled that Tamil Nadu Governor RN Ravi’s decision to withhold 10 bills and reserve them for the President was “illegal and erroneous in law.”
The ruling, by Justices JB Pardiwala and R Mahadevan, emphasized that a Governor must act on the aid and advice of the state legislature. It added that if the Assembly re-passes a bill that was returned by the Governor, then assent must be granted.
“The action of the Governor to reserve the 10 bills for the President is illegal and arbitrary… The 10 bills shall be deemed cleared from the date they were re-presented,” read the verdict.
Meanwhile, Dhankhar also announced plans to launch a new public information platform in collaboration with the Lok Sabha Speaker. This digital initiative will offer citizens authentic access to legislative activities, including Member details, current debates, and historical archives from the Constituent Assembly.
“In two months, we will launch a platform to give the public access to authentic information about MPs and parliamentary proceedings,” Dhankhar noted.