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'Cannot have situation where you direct President': VP Dhankhar questions SC ruling giving deadline to decide on Bills

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NEW DELHI: Vice President Jagdeep Dhankhar on Thursday criticised the Supreme Court’s recent judgment that set a timeline for the President to decide on bills forwarded by governors, saying such a directive undermines the constitutional role of the country’s highest office.

Speaking to the sixth batch of Rajya Sabha interns at the Vice-President’s Enclave, Dhankhar questioned, “We cannot have a situation where you direct the President of India and on what basis?”

"There is a directive to the President by a recent judgement. Where are we heading? What is happening in the country? We have to be extremely sensitive. It is not a question of someone filing a review or not. We never bargained for democracy for this day. President being called upon to decide in a time-bound manner, and if not, becomes law," Dhankhar added.


"President being called upon to decide in a time-bound manner, and if not, it 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," he further added.


Also read: In a first, SC sets 3-month deadline for President to decide on bills referred by governors

He added that the Constitution gives the judiciary the power to interpret the law under Article 145(3), but it does not authorise courts to issue directives to the President.

"The only right you have under the Constitution is to interpret the Constitution under Article 145(3). There it has to be five judges or more," the VP said.

His comments come in response to an April 8 judgment by the Supreme Court, which for the first time imposed a three-month deadline for the President to act on bills reserved by state governors. The apex court held that any delay beyond this period must be justified, and urged state governments to cooperate with the Centre on such matters. The ruling followed a constitutional standoff in Tamil Nadu, where Governor RN Ravi had withheld assent to several bills for extended periods, prompting the state to seek judicial intervention.

Speaking on the alleged discovery of cash at former Delhi high court judge Yashwant Verma's house, Dhankhar said the President and Governors enjoy constitutional immunity from prosecution, a privilege not extended to other public figures, including judges.

Dhankhar said it has been over a month since the issue came to light and “let the worms and skeletons be in public domain”.

"It is now over a month. Even if it is can of worms. Even if there are skeletons in the cupboard, time to blow up the can. Time for its lid to go out. And time for the cupboard to collapse. Let the worms and skeletons be in public domain so that cleansing takes place," VP Jagdeep Dhankhar said.

The Supreme Court, in its ruling, had set aside the Tamil Nadu Governor ’s second round of referring ten bills to the President, calling it legally flawed. The justices clarified that if the President withholds assent, the state government has the right to challenge the decision in court.
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