Parliament and Supreme Court

In the Indian democratic structure, the legislature, the executive, the judiciary and the Election Commission are the four pillars on which the entire system rests. Of these, the judiciary and the Election Commission are not part of the government, while the elected legislature forms the government and the Election Commission prepares the ground for the formation of the governments of the country by holding free and fair elections every five years to be elected. The Election Commission is the watchdog of all political parties in India. The reins of India's political administration system remain in the hands of the general public because the common voter of the country uses his right to vote and provides an opportunity to various political parties to form the government on the basis of majority. Therefore, we can say that in a democracy, the common voter is at the top and self-righteous. The way our Constitution makers have made this arrangement is unique because the responsibility of the governments of political parties in the country is to work according to the Constitution. The framers of the Constitution did not make the judiciary and the Election Commission an organ of the government so that the governments from the states to the center would work only according to the Constitution, which they guaranteed through the independent judiciary. In order to fulfill this responsibility given to the judiciary, he also made a provision in the constitution that the judiciary can do complete justice on any issue. For this, he also made a proper article in the constitution.

It is enough for the general public that the judiciary and the Election Commission do their work by taking power directly from the Constitution and maintain the sanctity and transparency of democracy irrespective of the rule of any political party. Of course, Parliament is a set of representatives elected by the people, but there have been occasions in independent India when there has been a strain between the relationship between the judiciary and the legislature. For the first time in the 70s, the then Prime Minister Late Atal Bihari Vajpayee was the Prime Minister. This was seen during Mrs. Indira Gandhi's time. Then there was a debate as to who is the bigger Parliament or the Supreme Court? In 1974, when the Constitution Bench of the Supreme Court ruled in the Kesavananda Bharati case that Parliament could not alter the basic structure of the Constitution, it was very clear that no government could tamper with the fundamental rights of the citizens under normal circumstances, whereas the government had the right to make new laws and amend the laws already in force through Parliament. Indiraji was not satisfied with the verdict of Kesavananda Bharati's case, due to which she had once said that the judiciary should take its decisions according to the policies of the government. Certainly, this view of his was going to influence the judiciary indirectly. But his opinion was not welcomed by the people of the country. The reason for this was that the duty of the judiciary is specified in our Constitution which says that the judiciary will give its verdicts without any objection and prejudice.

The judiciary does not care which party is in power. He is accountable only to the Constitution. But a loud Lok Sabha member of the BJP, Nishikant Dubey, is saying that if the judiciary has to make a law, then Parliament and Legislative Assemblies should be locked. Without any doubt, the job of Parliament is to make laws, but the job of the Supreme Court is to govern the entire country according to the Constitution. That is why it is not part of the Government. However, the Governor, especially the Governor of Tamil Nadu, while ruling on the petition of the Government of Tamil Nadu, regarding the misdeeds of Shri R.N. Ravi, said that Shri Ravi cannot sit on the Bills passed by the State Assembly and he has to give assent to the Bills as passed within three months as the Legislative Assembly passes with the consent of the voters of the land. The Governor has the right under the Constitution to send the bill back to the government with any objection. But again, after it is passed in the Assembly in its form, they will have to give their assent and after that they cannot send the bill to the President for assent. In such a situation, he can send the bill sent to him for the first time only for the assent of the President. At the same time, the Supreme Court also asked the President to dispose of the bills within three months. But Nishikant Dubey broke all limits and went ahead when he said that the Chief Justice of the country, Justice Sanjeev Khanna, is behind the circumstances of civil wars in the country today.

It is well known that Muslim organizations are protesting in many states regarding the newly enacted Muslim Waqf (Amendment) Act. In West Bengal, there was heavy violence in which three people were killed. But the real question is that the Bharatiya Janata Party (BJP) has completely distanced itself from Nishikant Dubey's remarks and party president JP Nadda said that such views can be Dubey's own views. His party has nothing to do with it. This is the first time in independent India that a Member of Parliament has made such a statement about the Chief Justice of the country. We should not forget that when the President of India is elected, the Chief Justice of the Supreme Court administers the oath and the Chief Justice administers the oath of office to the President. The President also has the right to seek the opinion of the Supreme Court in any complex matter. Such a system has been made by our forefathers. Before making any statement, Nishikant Dubey should have thought about what is the prestige of the Supreme Court in the hearts of the people of India? The people of India believe that the highest court of the country is free from any kind of doubt. Nishikant has not only lowered his reputation by making such a wild statement, but has also damaged his party because BJP is the largest party in the political system of the country, which has reached this stage only after being loyal to the Constitution that today the reins of the country are in the hands of its leader Prime Minister Shri Narendra Modi.