Exercise of executive authority by Judiciary or Legislature against Constitution: Dhankhar  

Vice-President Jagdeep Dhankhar on Sunday made a strong case for separation of powers saying exercise of executive authority either by judiciary or the legislature is against constitutional principles.

Speaking at the felicitation ceremony of former Jammu and Kashmir governor Karan Singh (who completed 75 years of public life) at the India International Centre in Delhi today, the Vice-President said. “Dr Singh has over seven decades, witnessed the rise of the nation and contributed to it in myriad ways. The nation presently is in unprecedented economic upsurge and on an incremental developmental trajectory, well set to be a developed nation @2047, if not earlier. Convergence of forces within and outside inimical to Bharat is a matter of deep concern and alarming.”

Dhankhar flagged concerns around “anti-national narratives” and said “there is need for concerted endeavours to influence national mood so as to neutralise these pernicious forces.”

On separation of powers the V-P said, “Undoubtedly, executive governance is exclusive to the Executive, as are legislation to legislatures and verdicts to courts. Exercise of executive authority by either Judiciary or Legislature is not in consonance with democracy and constitutional prescriptions.  This is an established position as the executive for governance is alone accountable legislature and answerable to courts by way of judicial review.”

He said executive governance by the judiciary is jurisprudentially and jurisdictionally beyond constitutional sanctification.

“This aspect is engaging active attention of the people indicating in their perception umpteen such instances,” the V-P said urging Karan Singh and other thought leaders, intelligentsia and the academia, for deeper reflection on these matters.

Dhankhar said the influencers, the most potent weapon of democracy to inspire and motivate people need to act as a beacon for catalysing healthy enlightening national discourse to ensure deference to constitutional essence.

“This would wholesomely contribute to the blossoming of democracy and nurturing constitutional spirit and essence. In all humility so I appeal,” the V-P added.