Vice President Reaffirms Parliamentary Supremacy Amidst Executive–Judiciary Debate

New Delhi, April 22, 2025 — In a pointed continuation of the ongoing debate surrounding the balance of power between the Executive and Judiciary, Vice President Jagdeep Dhankhar on Tuesday asserted that Parliament holds unquestionable supremacy in India's constitutional framework. Speaking at a public event, the Vice President underlined the primacy of elected representatives, describing them as the true custodians of constitutional authority.

“Public representatives are severely accountable on occasion through elections. A Prime Minister who imposed an Emergency was held accountable. Democracy is for the people and is a repository of safeguarding, it is that of elected representatives,” Dhankhar said.

Reinforcing his stance, he added, “Elected representatives are the ultimate masters as to what constitutional content will be. There is no visualisation in the Constitution of any authority above Parliament. Parliament is Supreme. It is as supreme as every individual in the country.”

Historical Context and Judicial Commentary

Drawing upon a significant historical episode, Dhankhar referenced the 1975 Emergency imposed by then Prime Minister Indira Gandhi, highlighting the judiciary’s controversial role in that period. He criticised the Supreme Court’s ruling that upheld the suspension of fundamental rights, despite contrary verdicts from nine High Courts across the country.

“Why do we celebrate Constitution Day and Samvidhan Hatya Diwas? Because in 1949 the Constitution was adopted. And that Constitution was ‘distained rugged’ in 1975,” he said. “That time (Emergency) was the darkest period in human history of the democratic world. I say darkest because the highest court of the land held, ignoring the verdict of nine High Courts. Nine High Courts were uniformed that democracy’s fundamental rights could never be put on hold, but that was done.”

He continued, “What was held by the Supreme Court: Executive of the day is the sole arbiter of fundamental rights, it can suspend for as much time as it likes.”

Contextual Backdrop

Dhankhar’s comments come just a day after the Supreme Court made remarks during a hearing related to political violence in West Bengal. The apex court noted the rising criticism directed at the judiciary for allegedly intruding into the domains of the Executive and Legislature.

“As it is, we are alleged to have encroached upon parliamentary and executive functions,” the Supreme Court observed during proceedings on a petition seeking the imposition of President’s Rule in the state.

The Vice President’s remarks once again spotlight the sensitive and evolving relationship between India’s constitutional institutions. His speech serves not only as a reaffirmation of legislative supremacy but also as a critique of judicial interventions that, in his view, risk undermining the will of the people expressed through their elected representatives.