A New Front in India’s Institutional Debate
India’s constitutional framework—crafted to ensure a harmonious balance among the Legislature, Executive, and Judiciary—is currently witnessing an intense tug-of-war. The latest salvo in this ongoing debate was fired by Vice President Jagdeep Dhankhar, who reaffirmed his stance that Parliament, and by extension elected representatives, are the “ultimate masters” of the Constitution. His remarks come amid growing friction between the Judiciary and sections of the ruling establishment over the scope and authority of constitutional interpretation. In response, Senior Advocate and Rajya Sabha MP Kapil Sibal asserted that the Constitution alone holds supreme authority, not any organ of government.
Kapil Sibal’s Response: A Defense of Constitutional Primacy
Reacting firmly, Kapil Sibal—also President of the Supreme Court Bar Association—wrote on X:
“The law: Neither Parliament nor the Executive is supreme. The Constitution is supreme.”
He stressed that it is the Supreme Court’s role to interpret the Constitution, and its judgments are anchored in national interest and constitutional values. Sibal’s post was seen as a direct rebuttal to Dhankhar’s statement made earlier at Delhi University, where the Vice President declared that “elected representatives are the ultimate masters of what the Constitution will be.”
Sibal also pointed to Article 142, which empowers the Supreme Court to deliver complete justice, reiterating that judicial decisions must not be politicized or undermined.
Vice President Dhankhar’s Assertion: A Renewed Challenge to Judicial Authority
Speaking at a university event, Vice President Dhankhar doubled down on his earlier remarks. He challenged the Supreme Court’s role during critical moments in Indian history—specifically the 1975 Emergency—and criticized its contradictory interpretations of the Constitution’s Preamble in the Golaknath (1967) and Kesavananda Bharati (1973) cases.
“Elected representatives will be the ultimate masters of what the Constitution will be. There cannot be any authority above them,” he declared.
He further expressed dismay that the Supreme Court had overturned the judgments of nine High Courts during the Emergency, implying that the top court had failed in protecting democratic rights during India’s darkest constitutional crisis.
Political Reactions: Divisions Within and Criticism from Beyond
While Dhankhar’s statements found echoes among some BJP MPs, like Nishikant Dubey and Dinesh Sharma, the BJP’s top leadership attempted damage control. Party president JP Nadda distanced the party from these comments, calling them “personal views.” The Opposition, on the other hand, accused the ruling party of orchestrating a systematic erosion of judicial independence and using high-ranking constitutional offices to intimidate the judiciary.
Judiciary’s Calm Rebuttal: Steadfast in Its Role
Despite the charged atmosphere, senior Supreme Court judges-maintained composure. Justice BR Gavai, set to become the next Chief Justice of India, acknowledged the criticisms but emphasized the judiciary’s duty to interpret the law impartially. Justice Surya Kant also noted that while the judiciary is “under attack every day,” it remains unfazed and committed to upholding the Constitution.
The Constitution Must Remain the Guiding Light
India’s democracy thrives not on supremacy of one institution over another, but on their checks and balances under the Constitution. While healthy debate on constitutional interpretation is expected, efforts to delegitimize the Judiciary or position Parliament as the sole constitutional arbiter risk destabilizing this delicate balance.
Moving forward, it is imperative that all constitutional functionaries reaffirm their commitment to the founding document. The Constitution is not an instrument of convenience—it is the supreme law of the land. Protecting its integrity must remain above political contests and ideological divides. Respectful engagement, not rivalry, should define the relationship among India’s institutions in building a truly Viksit Bharat.
(With inputs from agencies)
