Vice President Jagdeep Dhankhar, while addressing an event at Delhi University, said every word spoken by a constitutional functionary is guided by the supreme sublime interest of the nation.
Dhankhar said that every word spoken by a constitutional functionary is guided by supreme national interest.
“Let me tell you, Constitution in encapsulated it essence, its worth, it nectar in preamble of the Constitution. And what does it say, We the people of India, the supreme power is with them. No one above the people of India,” Dhankhar said.
“And we the people of India, under the Constitution have chosen, to reflect their expressions, their desire, their will through their public representatives. And they hold these representative accountable during elections,” he added.
Dhankhar also said that elected representatives are the “ultimate masters” of the Constitutional content.
“And therefore, let there be no doubt about it, Constitution is for the people. And its repository of safeguarding it is that of elected representatives. They are the ultimate masters as to what constitutional content will be. There is no visualisation in constitution of any authority above Parliament. Parliament is supreme,” Dhankhar said.
“And that being the situation, let me tell you it is as supreme as every individual in the country. Part of we the People is an atom in democracy. And that atom has atomic power. And that atomic power is reflected during elections. And that is why we are a democratic nation,” he added.
Dhankhar has earlier, while addressing Rajya Sabha interns, said “President being called upon to decide in a time-bound manner, and if not, becomes law. So we have judges who will legislate, who will perform executive functions, who will act as super-parliament, and absolutely have no accountability because law of the land does not apply to them,” the Vice President said.
“We cannot have a situation where you direct the President of India and on what basis?”
How Does Constitution Place Judiciary, Executive, and Legislature
According to the Indian Constitution, the legislature (Parliament) enacts laws, the executive implements them, and the judiciary interprets them and ensures their constitutionality.
There is a system of checks and balances: the judiciary can invalidate unconstitutional laws or executive actions; the legislature can oversee the executive; the executive is responsible for administration but is accountable to Parliament.
| Aspect | Indian Constitution Position |
|---|---|
| Supremacy of Parliament | Parliament has broad legislative powers but is bound by the Constitution, which is supreme |
| Supremacy of Constitution | Constitution is the supreme law; laws violating it can be struck down by judiciary |
| Role of Judiciary | Guardian of Constitution; exercises judicial review to check Parliament and Executive |
| Role of Executive | Implements laws; accountable to Parliament |
| Separation of Powers | Functional separation with checks and balances, not absolute separation |
| Political Viewpoint (VP Dhankhar) | Parliament is supreme with no authority above it (political interpretation) |
The Indian Parliament has significant legislative powers, including the authority to make laws on subjects in the Union and Concurrent Lists and to amend the Constitution under Article 368. This gives Parliament a broad scope to legislate and shape governance.
However, unlike the British system where parliamentary sovereignty is absolute, in India, Parliament’s sovereignty is limited by the Constitution, which is the supreme law of the land as declared under Article 49(1). Parliament cannot enact laws that contravene constitutional provisions, including fundamental rights.
The judiciary, especially the Supreme Court, has the power of judicial review to strike down laws passed by Parliament if they are unconstitutional. This serves as a crucial check on parliamentary power.
Thus, the Indian Constitution does not say Parliament is above the executive and judiciary in an absolute sense. Instead, it establishes a constitutional supremacy where Parliament operates within constitutional limits, subject to judicial review, ensuring a balance of power among the three branches
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