Vice-President raises concerns about judiciary and India’s constitutional balance

Source: The post Vice-President raises concerns about judiciary and India’s constitutional balance has been created, based on the article “Judiciary’s place atop the pyramid” published in “The Hindu” on 22 April 2025. Vice-President raises concerns about judiciary and India’s constitutional balance.

UPSC Syllabus Topic: GS Paper2- Polity-Structure, organization and functioning of the Executive and the Judiciary.

Context: Vice-President Jagdeep Dhankhar recently raised serious concerns about the functioning of the judiciary. He questioned its transparency, accountability, and the limits of its constitutional powers. These remarks have triggered a renewed debate on judicial independence and its role in a democratic setup.

Concerns Raised by the Vice-President

1. Opaque Inquiry Process: The Vice-President raised concern about the lack of transparency in the inquiry related to the recovery of huge piles of cash at a judge’s residence. He pointed out that the procedure was not framed under any law passed by Parliament.
2. Timelines for President and Governors: He criticised the Supreme Court’s recent judgment that directed the President and Governors to act within set timelines on State legislations. He objected to the court issuing writs of Mandamus to these high constitutional offices, viewing it as judicial overreach.
3. Lack of Judicial Accountability: He highlighted that the judiciary is not accountable to the public like the legislature and executive. He questioned the continued use of Article 145(3), which mandates a five-judge Bench to test constitutional validity. This rule, framed in 1950, may be outdated today given the present strength of 34 judges.
4. Use of Article 142: He expressed concern over the Supreme Court’s use of Article 142, which allows the court to do “complete justice”. He felt its use sometimes undermines representative democracy.

Critical Analysis of the Concerns

1. Shared Concern About Transparency: Public unease about the judiciary’s opaque internal inquiries is widely shared. Experts recommend that the Chief Justice of India should frame a clear and transparent inquiry process to reinforce trust in the rule of law.
2. Issues in Judicial Appointments: The collegium system of appointing judges lacks transparency. A National Judicial Appointments Commission (NJAC), with the CJI holding a veto, could make appointments more inclusive and transparent without affecting judicial independence.
3. Judicial Activism Has Helped Governance: Use of Article 142 has led to landmark decisions. These include compensation for Bhopal gas tragedy victims(1989), workplace harassment guidelines(1997), coal block cancellations(2014), Permanent commission for women officers (2024), and Demolition-related directions to officials (2024)
4. Supreme Court’s Use of Timelines is Justified: The judgment on timelines is based on earlier Constitution Bench rulings. Similar timelines were also mentioned in the 2016 Office Memorandum by the Home Ministry. Hence, the court acted within its powers.
5. No Urgent Need to Change Bench Size: Given the pending cases and past practices, the current rule of a five-judge Bench for constitutional matters remains reasonable and effective.

Judicial Review and Constitutional Balance

1. Judiciary’s Role in Indian Democracy: The executive is accountable to the legislature, but the judiciary independently upholds the Constitution. It is the final guardian of constitutional values.
2. India’s Hybrid Constitutional Model: India combines the British concept of parliamentary sovereignty and the American idea of judicial supremacy. Judicial review is part of the basic structure of the Constitution.
3. Need for Institutional Balance: Each organ—executive, legislature, and judiciary—must respect boundaries. Cooperation, not confrontation, is vital for preserving the spirit of the Constitution.

Question for practice:

Discuss the concerns raised by the Vice-President regarding the judiciary and critically analyse their implications for constitutional balance in India.