'Judges cannot be super Parliament': VP Dhankhar on SC Article 142 ruling
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Vice President Jagdeep Dhankhar has criticised the Supreme Court’s recent verdict that set deadlines for the President and governors to clear Bills. The SC ruling also invoked Article 142 to bring into effect ten laws passed by the Tamil Nadu Assembly without executive assent.
The use of Article 142, which gives the Supreme Court extraordinary powers to deliver “complete justice”, created a first for India – laws that came into effect without the signature of the President or a governor.
Before Dhankhar’s remarks, several legal figures including Kerala Governor Rajendra Vishwanath Arlekar, top legal experts, and senior bureaucrats had voiced concern about the court overstepping into the Executive’s domain.
‘Not a democracy where judges govern’: Dhankhar
Speaking to the sixth batch of Rajya Sabha interns on Thursday, Dhankhar delivered a sharp critique of judicial overreach. “India was never meant to have a democracy where judges function as lawmakers, the executive, and even as a super Parliament,” he said.
He referred to Article 142 as “a nuclear missile against democratic forces” and questioned its increasing use by the judiciary, adding that it appeared “available to the judiciary 24x7”.
The Vice President, a seasoned lawyer who has practiced in both the Rajasthan High Court and the Supreme Court, warned against the judiciary taking on roles constitutionally assigned to other branches.
Supreme Court’s ruling
The ruling in question, delivered by Justices JB Pardiwala and R Mahadevan on April 8, set a deadline of one month for governors to act on state assembly Bills, and three months for the President to respond to those forwarded by governors.
Relying on Article 142 of the Constitution, the top court enacted 10 Tamil Nadu Bills that had been pending approval from Governor RN Ravi — one of them since January 2020. According to a report by The Hindu, seven of these had previously been rejected by the President.
Following the court’s direction, the Tamil Nadu government issued a gazette notification on April 11, bringing the laws into effect without the traditional assent. Chief Minister MK Stalin termed the judgment “historic”.
The order also made the President and governors answerable to courts for delays, opening the door for judicial review of inaction — a development that many say upends established constitutional norms.
The ruling sparked widespread debate, with critics describing it as a case of judicial overreach — where courts intrude into areas constitutionally reserved for the legislature or executive.
Kerala Governor Arlekar argued that the Constitution does not mandate the Executive to act within fixed timeframes. A senior official told The Hindu that the verdict undermines the President’s ‘absolute veto’ — a safeguard against potentially unconstitutional state legislation.
Others back the SC verdict
Despite the criticism, several legal experts defended the SC judgment. Former Attorney General KK Venugopal backed the court’s move, saying it correctly equated the roles of the President and governor in such matters.
Senior Advocate Rakesh Dwivedi, who represented Tamil Nadu, called the judgment a necessary clarification of Article 201. Fellow lawyer Shadan Farasat praised the timelines set by the court as a vital constitutional safeguard.
Former Lok Sabha Secretary General PDT Achary called the judgment “unique”, noting it establishes clear responsibilities for governors. Adish C Aggarwala, ex-president of the Supreme Court Bar Association, supported the ruling but said the Governor should have been given a final chance to assent before the court stepped in.
As the debate continues, reports suggest the Ministry of Home Affairs is considering filing a review petition in the Supreme Court.
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