New Delhi [India], April 18 (ANI): Former Additional Solicitor General (ASG) Aman Lekhi on Friday said that while the government has the authority to enact laws, at the same time, those laws remain subject to judicial scrutiny, adding that the judiciary cannot be a wing to the government.
Lekhi said that the judiciary is not supposed to oppose the government for the sake of opposing, but it cannot always be seen on the government side.
“I am not saying that any system should be averse to scrutiny, but the criticism should be warranted, and the scrutiny should be sensible… The judiciary cannot be a wing of the government… The judiciary is not supposed to oppose the government for the sake of opposing, but the judiciary cannot always be seen as being on the same side as the government, because the government is a litigant in the judiciary,” Lekhi told ANI.
Former ASG also mentioned that Vice President Jagdeep Dhankar’s recent criticism of the Supreme Court over the practicality of Article 142 is “misplaced”. VP Dhankhar had called Article 142 a “nuclear missile” against democratic forces.
“His comment leans towards excess, and amounts more or less to hyperbole, which people in constitutional positions should be wary of indulging in because there has to be both caution and restraint when you talk about legal and emotive issues. By stirring emotions, you take the mind away from the legality and create a misconception about the whole controversy, which can have long-term consequences because it can create a view that discredits the system,” he said.
Meanwhile, Lekhi added that legality remains within the domain of the courts, and this jurisdiction is both “undisputed and undeniable”.
Vice President Jagdeep Dhankhar on Thursday said India cannot have a situation where the judiciary directs the President, adding that Article 142 of the Constitution has become a “nuclear missile against democratic forces for the judiciary.”
Speaking at the Valedictory Function of the sixth Rajya Sabha Internship Programme, Dhankhar proposed an amendment to Article 145(3), which deals with the composition of the bench required to decide substantial questions of constitutional law. (ANI)
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