Constitution, not parliament, supreme: P Chidambaram on Dhankhar's remarks on judiciary

Senior Congress leader P Chidambaram on Thursday said Rajya Sabha Chairman Jagdeep Dhankhar is ”wrong” in stating that Parliament is supreme and his views should warn every Constitution-loving citizen to be alert to the dangers ahead.

Vice President Dhankhar on Wednesday had said ”one-upmanship and public posturing” from judicial platforms is not good and these institutions must know how to conduct themselves. Dhankhar’s virtual censure of the judiciary had come following the apex court’s remarks on the issue of the collegium system.

Addressing the 83rd All India Presiding Officers Conference in Jaipur, Dhankar had again criticised the scrapping of NJAC Act in 2015 and questioned the landmark 1973 Kesavananda Bharati case verdict, saying it set a wrong precedent and that he disagrees with the Supreme Court ruling that Parliament can amend the Constitution but not its basic structure.

Reacting to the remarks, Chidambaram said on Twitter, ”The Hon’ble Chairman of the Rajya Sabha is wrong when he says that Parliament is supreme. It is the Constitution that is supreme.” The ”basic structure” doctrine was evolved in order to prevent a majoritarian-driven assault on the foundational principles of the Constitution, the former Union minister said. ”Suppose Parliament, by a majority, voted to convert the parliamentary system into a Presidential system. Or repeal the State List in Schedule VII and take away the exclusive legislative powers of the States.

Would such amendments be valid?” Chidambaram said in a series of tweets. After the NJAC Act was struck down, nothing prevented the government from introducing a new Bill, the senior Congress leader said. ”The striking down of one Act does not mean that the ‘basic structure’ doctrine is wrong,” he added. ”In fact, the Hon’ble Chairman’s views should warn every Constitution-loving citizen to be alert to the dangers ahead,” Chidambaram said. Dhankhar, who has criticised in and outside the House the striking down of the National Judicial Appointments Commission (NJAC) Act by the apex court, said Wednesday that it was ”a scenario perhaps unparalleled in the democratic history of the world.” ”The executive is ordained to be in compliance with the constitutional prescription emanating from Parliament. It was obligated to adhere to the NJAC. Judicial verdict cannot run it down,” he had said. His statement came in the backdrop of a raging debate on the issue of appointment to the higher judiciary with the government questioning the current Collegium system and the Supreme Court defending it.