Last week, the Supreme Court made a landmark decision, indicating that the President must act on bills referred by the governor within three months of receiving them. “A recent judgement has placed a directive on the President. Where are we headed? What is unfolding in the country? It is crucial to approach this matter with sensitivity. This isn’t merely about filing reviews or not. We have not negotiated for a democracy that leads us to this point. The President being required to decide within a specified timeframe—failing which, it becomes law—is concerning,” Dhankhar remarked.
While addressing a group of Rajya Sabha interns, he pointed out, “We now have judges taking on legislative roles, executing functions, and operating like a super Parliament, yet they remain completely unaccountable as the law does not apply to them”.
Dhankhar articulated that his concerns lie at a “very highest level” and expressed disbelief that he would witness such developments in his lifetime.
He emphasized to the audience the significance of the President of India as an esteemed position, noting that the President takes an oath to uphold, protect, and defend the Constitution.
Others, which include ministers, the vice president, parliamentarians, and judges, also take a similar oath to adhere to the Constitution.
“We cannot allow a scenario where the President of India is directed, and on what grounds? The sole authority granted under the Constitution is to interpret it as per Article 145(3). This requires the participation of five judges or more …,” he remarked.
