Amid the ongoing friction between the Executive and the Judiciary, Vice President Jagdeep Dhankhar reignited the debate on constitutional supremacy by asserting that in a democracy, Parliament holds the highest authority. Speaking at an event on Tuesday, Dhankhar—who also chairs the Rajya Sabha—emphasized that elected representatives, being accountable to the people through regular elections, are the true custodians of democracy.
“A Prime Minister who imposed the Emergency was ultimately held accountable. Democracy belongs to the people, and its guardians are their elected representatives,” he said, referencing the 1975 Emergency imposed by then Prime Minister Indira Gandhi.
Calling it “the darkest chapter in the history of democracy,” Dhankhar took a critical view of the judiciary’s role during the Emergency. He questioned the Supreme Court’s decision at the time, which upheld the suspension of fundamental rights and overturned the rulings of nine High Courts that had opposed it.
“There’s no room in the Constitution for any authority to stand above Parliament. Elected representatives are the ultimate interpreters of constitutional content,” he declared, adding, “Parliament is supreme. Just as every citizen holds power in a democracy, so does Parliament stand as the ultimate authority.”
Recalling the gravity of the 1975 Emergency, he remarked:
“We celebrate Constitution Day and observe ‘Samvidhan Hatya Diwas’ because while the Constitution was adopted in 1949, it was trampled upon in 1975. The top court supported the suspension of rights, even as nine High Courts held that fundamental rights cannot be put on hold.”
He strongly criticized the apex court’s ruling from that period, saying it gave the Executive unchecked power to suspend fundamental rights indefinitely.
Responding to recent backlash over his comments regarding a Supreme Court order against the President, Dhankhar maintained,
“Every statement made by a constitutional authority must be in the supreme national interest.”
His remarks came shortly after the Supreme Court, while hearing a plea for President’s Rule and paramilitary deployment in West Bengal, remarked:
“We’re already being accused of judicial overreach—encroaching upon executive and legislative functions.”
