Home / News / India /  Doctrine of separation of power fundamental to governance, says VP Dhankhar

New Delhi: The judiciary cannot become the legislature or executive as any incursion by one organ into the domain of the other can upset the apple cart of governance, said Vice President Jagdeep Dhankhar.

“Our judiciary being one of the critical institutions of governance, along with the executive and legislature, the doctrine of separation of powers is fundamental to our governance," he said, while delivering the 8th Dr LM Singhvi Memorial Lecture on the theme “Universal Adult Franchise: Translating India’s Political Transformation into a Social Transformation in New Delhi.

“The harmonious working of these institutions is vital for the growth of democracy. Any incursion, howsoever subtle, in the domain of one by another has the capacity to unsettle the apple cart of governance," Dhankhar added.

He said that Indian democracy will continue to be vibrant, but when it comes to issues that directly concern India, we must rise to the occasion and keep only one thing in mind-- interests of Bharat.

VP Dhankhar further said that the power of people came to be reflected through most certified mechanisms on a legitimised platform through applicable mechanisms, and that power was undone.

“The world doesn’t know of any such instance. I appeal to people here who constitute the judicial elite class, thinking minds, and intellectuals. Please find a parallel in the world where a constitutional amendment can be reversed," he added.

Vice President said while the Indian Constitution, through Article 145(3), explicitly provides for the interpretation of the Constitution to be undertaken by courts when a substantive question of law is involved, it nowhere says that a provision can be run down.

“Look at it from another perspective: if a constitutional provision that carries the authority of the people at large in such a vibrant democracy is undone, what will happen?" he questioned.

“I’m appealing to everyone. These are issues that must not be viewed along partisan lines. I expect everyone to rise to the occasion and be part of the growth story that is India at the moment," he added.

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