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Vice-President’s Judiciary Remarks: Issues and Counterpoints

22 April 20251 min read
NATIONAL AFFAIRSVice-President’sJudiciaryRemarks: Issuesand Counterpoints22 April 2025safalsetu.com

Why in the news

Vice-President Jagdeep Dhankhar’s speech revived debate on the separation of powers, judicial accountability and the limits of constitutional authority.

Points raised

IssuePosition
Misconduct inquiriesNo clear legal framework for internal probes, citing cash found at a High Court judge’s home; wants a transparent mechanism framed by Parliament
Timelines for President and GovernorsQuestioned whether courts may issue writs to constitutional heads over State Assembly Bills
AccountabilityJudiciary is not answerable to voters; revisit Article 145(3) given 34 judges now versus 8 in 1950
Article 142Wide use of the “complete justice” power may weaken representative democracy

In support

  • Opaque probes need a codified process to restore trust.
  • The collegium is seen as insular; a revamped NJAC with a CJI veto could balance transparency and independence.

Against

  • The timelines ruling rests on precedent and a 2016 Home Ministry guideline.
  • Article 142 aided justice: Bhopal Gas compensation, Vishakha Guidelines, coal block cancellation, women’s permanent commission in armed forces, demolition accountability orders.
  • The five-judge rule ensures careful adjudication; changing it may not cut pendency.

Constitutional balance

  • India mixes parliamentary sovereignty with judicial supremacy.
  • Judicial review is a basic feature.

Exam angle

  • Articles 142 and 145(3); collegium versus NJAC.

Test yourself

1. Which Article of the Constitution requires a minimum of five judges for Constitution Benches of the Supreme Court?

Article 145(3) sets the five-judge requirement.

2. Which Article empowers the Supreme Court to do 'complete justice', criticised by the Vice-President as overreach?

Article 142 relates to complete justice.

3. In the notes, which power of the Supreme Court is described as a basic feature of the Constitution?

Judicial review has been declared a basic feature.