Vice President Slams Supreme Court’s Use of Article 142, Calls It a ‘Judicial Nuclear Missile’
Vice President Jagdeep Dhankhar has strongly criticized a recent Supreme Court judgment that directed the President of India to act within a specific timeframe on bills referred by State Governors. He compared the Court’s use of Article 142 to deploying a “nuclear missile” against democratic institutions, expressing serious concern over judicial overreach.
While speaking to Rajya Sabha interns, Dhankhar questioned the constitutional propriety of the judiciary issuing directions to the President, stating, “This is not the democracy we envisioned.” He also raised concerns over a two-judge bench deciding a constitutional matter that, under Article 145(3), should have been handled by a larger bench of at least five judges.
Dhankhar suggested that with the Supreme Court’s strength now increased to 31 judges, it may be time to amend Article 145(3) to raise the minimum number of judges required for constitutional benches.
His remarks were in reference to the Supreme Court’s ruling in a case where the Tamil Nadu Governor delayed assent to several bills. The Court not only imposed a timeline for such decisions but also extended this principle to the President under Article 201, stating that if a bill is referred to the President citing constitutional concerns, the President should consider seeking the Supreme Court’s opinion under Article 143.
Dhankhar’s comments reflect a growing debate about the balance of power between the judiciary and the executive in India’s democratic system.