New Delhi, Nov 26 (PTI) Vice President Jagdeep Dhankhar on Saturday described as "worrisome" the frequent stand-offs between the Legislature, the Judiciary and the Executive and called for serious pondering by those at the helm of the institutions to evolve a healthy ecosystem reflective of the spirit of the Constitution.
He also said there is a "widespread thought" that there is compulsive need to revisit the judicially evolved mechanism of 'basic structure' of the Constitution.
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"I feel, having bestowed attention on the issue fr quite long, negation of a constitution provision evolved in a sanctified manner is beyond the purview of judicial attention," he said.
Delivering a talk on 'The Constitution of India and Indian Democracy: Have the Legislature, Judiciary & Executive remained true to their constitutional mandate', he said frequent incursions by these institutions in the domain of the other are being reflected with "painful frequency" in public domain.
He said such incidents have hogged media limelight.
In the initial decades of India's constitutional functioning, the Doctrine of Separation of Powers and Checks and Balances worked well, Dhankhar observed.
He recalled that in the subsequent years, the top court delivered significant rulings on matters that it held pivotal to the 'basic structure'.
He said the most recent prominent "judicial manifestation of the basic structure doctrine" was in October 2015, when it struck down the National Judicial Appointments Commission Act and a related constitution amendment describing them as violative of the basic structure.
He recalled that the law to overturn the collegium system was passed by Parliament with near unanimity with one abstention in Rajya Sabha.
He said a law passed by Parliament with near unanimity was overturned by the Supreme Court.
He said the judicially evolved doctrine of the basic structure has been severely commented and some have termed it as "ex facie compromising the sovereignty of Parliament".
"Any standoff between these vital wings of the Constitution certainly does not augur well for Constitutional functioning...," he said.
He also said that the basic structure doctrine fails to subscribe to the rationale that "no Parliament can eternally and inexorably bind future Parliaments".
(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)













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