How can CJI be involved in executive appointments, asks vice president
Executive governance by judicial decree is a ‘constitutional paradox’ that India ‘cannot afford any longer’, said Jagdeep Dhankhar.
Vice President Jagdeep Dhankhar on Friday questioned the legal rationale behind the chief justice of India being involved in executive appointments such as that of the Central Bureau of Investigation director, PTI reported.
“I can appreciate that the statutory prescription took shape because the executive of the day has yielded to a judicial verdict,” Dhankhar said at an event in Madhya Pradesh’s Bhopal. “But time has come to revisit. This surely does not merge with democracy. How can we involve the CJI with any executive appointment?”
The panel that selects the director of the central investigative agency includes the prime minister, the leader of the Opposition and the chief justice of India. This process was set up by the Supreme Court in the 1997 Vineet Narain judgement and through the amendments the 2013 Lokpal and Lokayuktas Act made to the 1946 Delhi Special Police Establishment Act.
VIDEO | Addressing a gathering at National Judicial Academy in Madhya Pradesh's Bhopal, Vice-President Jagdeep Dhankhar (@VPIndia) said: "To stir your minds, how can in a country like ours or in any democracy, by statutory prescription, Chief Justice of India participates in the… pic.twitter.com/2BUvcBfp5O
— Press Trust of India (@PTI_News) February 14, 2025
The vice president called executive governance by a judicial decree a “constitutional paradox” that India, as the largest democratic country in the world, “cannot afford any longer”, The Hindu reported.
“When institutions forget their bounds, democracy is remembered by the wounds this forgetfulness imparts,” Dhankhar said. “The Constitution envision[ed] harmony, synergetic approach to be in sync, surely. A concert of chaos was never in the contemplation of the founding fathers of the Constitution. Constitutional consultation without institutional coordination is mere constitutional tokenism.”
On the matter of judicial review on executive actions, Dhankhar said that it is beneficial as it ensures laws align with the Constitution. However, he emphasised that Parliament holds the final authority when it comes to amending the Constitution.
Instead, the judiciary must make its presence known “primarily through judgements”, said the vice president, adding that other means of expression will “undermine institutional dignity”.
Dhankhar also expressed concerns about the power of the constitutional benches in the Supreme Court, saying that interpreting the Constitution should not lead to overstepping of authority.
