February 15, 2025: Vice President Jagdeep Dhankhar on Friday questioned the involvement of the Chief Justice of India in executive appointments, particularly in the selection of the Central Bureau of Investigation (CBI) director. Speaking at the National Judicial Academy in Bhopal, he argued that such statutory provisions should be reconsidered, as they do not align with democratic principles. He wondered how the Chief Justice could be part of an executive decision-making process and stressed that it was time to “revisit” these norms.

Dhankhar expressed his concern over what he described as judicial overreach, stating that governance through judicial decree creates a constitutional paradox that a democracy like India cannot afford. He insisted that all institutions must function within their constitutional boundaries and warned that if executive governance is influenced or taken over by another institution, accountability is compromised. Governments, he emphasized, are answerable to the legislature and, ultimately, to the electorate. Any interference in governance, whether by the legislature or the judiciary, goes against the principles of constitutionalism.

Speaking on the concept of the basic structure doctrine, which prevents Parliament from amending certain fundamental features of the Constitution, the Vice President called its jurisprudential basis “highly debatable.” Citing a book by former Solicitor General Andhya Arjuna on the landmark Kesavananda Bharati case, he questioned whether the judiciary should have the final say in defining constitutional amendments. While acknowledging the importance of judicial review in ensuring laws conform to the Constitution, he reiterated that the power to amend the Constitution ultimately rests with Parliament.

Dhankhar also highlighted the need for judicial restraint, stating that the judiciary should primarily communicate through its judgments rather than engaging in public discourse, which could undermine institutional dignity. He called for a return to constitutional discipline, emphasizing that judicial authority should not extend beyond interpretation into the realm of governance. He pointed to Article 145(3) of the Constitution, which mandates a minimum of five judges to rule on constitutional matters, and suggested that the evolving strength of the Supreme Court requires reconsideration of judicial processes.

Underscoring the importance of open dialogue in a democracy, the Vice President warned against restricting free expression, stating that any attempt to silence dissent would weaken democratic values. After addressing the gathering, he planted a sapling in memory of his late mother, Kesari Devi, and later attended the wedding of Union Agriculture Minister Shivraj Singh Chouhan’s younger son in the city.