Editorial with Sujit Nair: Is Legislature “Supreme” Or Judiciary?

Vice President Jagdeep Dhankhar on Wednesday questioned the landmark 1973 Kesavananda Bharati case verdict that gave the basic structure doctrine, saying it set a bad precedent and if any authority questions Parliament’s power to amend the Constitution, it would be difficult to say “we are a democratic nation”. As he again criticised the scrapping of the National Judicial Appointments Commission (NJAC) Act in 2015 by the top court, Mr Dhankhar said he does not subscribe to the Kesavananda Bharati case ruling that Parliament can amend the Constitution but not its basic structure. The basic structure principle became the ground for setting aside several Constitutional amendments, including the quashing of the Constitutional amendment and the corresponding NJAC Act on the appointment of judges in the higher judiciary.In this episode of the Editorial our Managing Editor Mr Sujit Nair shares his take on the matter.

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