"Honest conviction is my courage; the Constitution is my guide": VP Jagdeep Dhankar took exception to Courts quashing changes made by parliament to the Constitution, says "Nowhere in the world Constitutional provisions are undone by courts like in India"

Vice-President of India Jagdeep Dhankar on Friday took exception to Constitutional courts quashing changes made by the parliament to the Constitution.
|
Dhankar, who is also a Senior Advocate, said that in 2015-16, the Supreme Court struck down a Constitutional amendment that was passed unanimously in Lok Sabha and was unopposed in Raya Sabha.
Such instances do not have any parallel in any other democracy in the world, he lamented.
The Vice-President was perhaps referring to the Supreme Court striking down the Constitutional Amendment that would have paved way for a National Judicial Appointments Commission to appoint judges to the higher judiciary.
"India in 2015-16 was dealing with a constitutional amendment act and as a matter of record the entire Lok Sabha voted unanimously and there was no abstention in Lok Sabha and that amendment act was passed. In Rajya Sabha, there was no opposition. We the people their ordainment came to be reflected through the most sanctified mechanism through the applicable mechanism. That power was undone. The world does not know of any such instance. I appeal to all judicial minds please think of a parallel in the world where a constitutional provision can be undone," he said.
Dhankar maintained that Constitutional provisions cannot be run down in such a manner elsewhere.
"Nowhere in the world, it says a provision can be run down. All that it says is substantive law can be interpreted. Look at it from another perspective a Constitutional amendment that carries the ordainment of people at large in such a vibrant democracy is undone then what will happen? These are the issues which must not be viewed on partisan lines," he stated.
|
Dhankar was speaking after Chief Justice of India (CJI) DY Chandrachud delivered the 8th Dr. LM Singhvi Memorial Lecture.
"I appeal to the people who are judicial elite class, thinking minds ... find a country where a Constitutional provision can be undone. But here our courts can run down such a provision. If the provision of the Constitution which has the backing of so many people is undone then imagine what will happen. After "this verdict" there was not a whisper in the parliament," the Vice President said.
Dhankar in his speech also praised India's efforts at tackling the COVID pandemic.
On the importance of national interest as a ground for parliament to act, Dhankar gave the example of the law passed by the US government after the September 11 terror attacks.
"But see it is still there. This is is the primacy of national interest. Look at the impact of political transformation."
Coming back to the Supreme Court striking down laws passed by the parliament, the Vice President referred to the basic structure doctrine.
"There can be nothing more prevalent than the rights of people and this must be reflected through the legislature and must be debated discussed and passed and then there is this kind of scenario then I am very sorry to say..."
He added that any deviation from working harmoniously with the judiciary would 'upset the apple cart'.
This is not the first time the NJAC verdict has met with criticism.
In 2020, former Attorney General Senior Advocate Mukul Rohatgi said that some of the judges of the Supreme Court themselves now realize that overturning the NJAC Act was not the correct decision.
He added that the judgment would have led “Dr. BR Ambedkar to turn in his grave”, and hoped it is overturned sooner than the 45 years it took to overturn an emergency-era verdict that said the right to life and personal liberty can be suspended.
Support Us
Satyagraha was born from the heart of our land, with an undying aim to unveil the true essence of Bharat. It seeks to illuminate the hidden tales of our valiant freedom fighters and the rich chronicles that haven't yet sung their complete melody in the mainstream.
While platforms like NDTV and 'The Wire' effortlessly garner funds under the banner of safeguarding democracy, we at Satyagraha walk a different path. Our strength and resonance come from you. In this journey to weave a stronger Bharat, every little contribution amplifies our voice. Let's come together, contribute as you can, and champion the true spirit of our nation.
![]() | ![]() | ![]() |
| ICICI Bank of Satyaagrah | Razorpay Bank of Satyaagrah | PayPal Bank of Satyaagrah - For International Payments |
If all above doesn't work, then try the LINK below:
Please share the article on other platforms
DISCLAIMER: The author is solely responsible for the views expressed in this article. The author carries the responsibility for citing and/or licensing of images utilized within the text. The website also frequently uses non-commercial images for representational purposes only in line with the article. We are not responsible for the authenticity of such images. If some images have a copyright issue, we request the person/entity to contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. and we will take the necessary actions to resolve the issue.
Related Articles
- Hours after Shivling discovered inside disputed Gyanvapi, AIMIM chief Asaduddin Owaisi provokes Muslims against court-ordered proceedings amidst chants of ‘Naara-e-Takbeer’ and ‘Allahu Akbar
- "There is difference between blasphemy and expressing religious opinions based on one’s knowledge of the subject": Historic decision by Madras High Court from 2019
- Blast from the past: why DMK government’s idea to melt temple gold is dangerous?
- Even the most ruthless criminals who tortured and killed a woman & her parents over 'witchcraft' deserves dignity, says Orissa HC, commuting death sentences to life imprisonment, as courts prioritize reform while justice for the victims fades into silence
- "We must distinguish between speaking to deceive and being silent to be reserved": After Delhi and Allahabad, Madhya Pradesh High Court also admitted PIL challenging the constitutional validity of the Waqf Act, enacted by Congress Govt in 1995
- "Blur lines between religious tradition and property law, a riveting legal drama indeed": Supreme Court rejects appeal in Salem Muslim Burial Ground Protection Committee v. State of Tamil Nadu, "Mere notification not enough to declare wakf property"
- Madras HC’s split verdict on Thiruparankundram Hill—where ancient Hindu temples and Jain caves stand desecrated—ignites outrage as Islamists demand animal sacrifice and claim the sacred land as Waqf, sparking a battle for dharmic heritage
- Supreme Court halts Jahangirpuri demolition of illegal encroachments of rioters by NDMC on priority by keeping aside 70,632 pending cases: PIL filed by Jamiat Ulama-I-Hind, Advocate Dushyant Dave, and Kapil Sibal
- Madras High Court: Do not take decision on melting Temple gold till Trustees are appointed
- "देखिये, ये ही संसार है": A Rajya Sabha MP's son driving a high-speed Aston Martin killed sole breadwinner Bharati Mukhi outside Madhapur's Inorbit Mall in Cyberabad, then secured an immediate station bail under the new criminal system
- Allahabad High Court denies bail to instigator Tauqeer Raja Khan for the 2025 Bareilly riots, ruling his dangerous "Sar Tan Se Juda" crowd incitement directly threatened India's sovereignty and destroyed public peace
- "To improve is to change; to be perfect is to change often": Will come up with new IPC, CrPC drafts soon and National Investigation Agency branches to be set up in all states by 2024 - Home Minister Amit Shah at Chintan Shivir of all State home ministers
- "Some judges are like umpires who believe they won the game": Madras High Court, "If temples are going to perpetuate violence, then their existence has no meaning, better to close down those temples. The whole purpose of having a temple is of no use"
- "जालसाज़": MP High Court punished a journalist with a Rs 25,000 fine for misusing PIL to target a temple on Yashwant Niwas Road, Indore, citing vested interest, lack of evidence, and selective intent instead of genuine public concern, dismissing his plea
- Madhya Pradesh High Court recently ruled that a Muslim man’s second marriage is not "void" under Section 494 IPC, as Sharia permits polygamy, highlighting how Indian courts often prioritize personal law over secular bigamy rules
















