Dhankhar in maiden speech in RS raises SC scrapping NJAC Act issue
| Date :08-Dec-2022 |
NEW DELHI,
RAJYA Sabha Chairman Jagdeep Dhankar on Wednesday raised the issue of the Supreme Court striking down the National Judicial Appointment Commission (NJAC) act during his maiden speech in the House.
“A glaring instance of severe compromise of Parliamentary sovereignty and disregard of the mandate of the people,” he said. He said, power of the House is supreme and using this Constitutional power to amend, Parliament effected wholesome structural governance changes to further spinally strengthen democracy. This has been by way of
incorporation of Part IX, IX A and IX B in the Constitution providing a comprehensive mechanism for Panchayati Raj, Municipalities and Co-operative Societies. In a similar vein, Parliament in a much needed historic step, passed the 99th Constitutional Amendment Bill paving way for the National Judicial Appointment Commission (NJAC).
“This historic parliamentary mandate was undone by the Supreme Court on October 16, 2015 by a majority of 4:1 finding the same as not being in consonance with the judicially evolved doctrine of ‘Basic Structure’ of the Constitution. “There is no parallel to such a development in democratic history where a duly legitimised constitutional prescription has been judicially undone. A glaring instance of severe compromise of parliamentary sovereignty and disregard of the mandate of the people of which this House and the Lok Sabha are custodians.”
He said that with each election, there has been progressively authentic enhancement in the representation gradient.
