Vice-President Jagdeep Dhankhar has ignited a constitutional debate by likening Article 142 of the Indian Constitution to a "nuclear missile against democratic forces." His remarks, made during an address to Rajya Sabha interns, have drawn sharp reactions from legal experts and political leaders alike.​

The Controversial Statement

Addressing the 6th batch of Rajya Sabha interns on Thursday, Vice-President Dhankhar criticized the Supreme Court's recent ruling that set deadlines for the President and Governors to decide on bills. He expressed concern over the judiciary's directive, questioning, "There is a directive to the President by a recent judgment. Where are we heading? What is happening in the country?" He further described Article 142 as a "nuclear missile against democratic forces," suggesting that its application could undermine the balance of power between the judiciary and the executive. ​

Understanding Article 142

Article 142 grants the Supreme Court the authority to pass any decree or order necessary for doing complete justice in any case before it. This provision has been instrumental in several landmark judgments, allowing the Court to address gaps in legislation or executive action. However, its broad scope has also led to debates about judicial overreach.​

Reactions from the Legal Community

Legal experts have expressed concern over the Vice-President's analogy. Many view Article 142 as a vital tool for the judiciary to uphold justice, especially in complex cases where existing laws may fall short. Critics argue that labeling it as a "nuclear missile" could undermine public confidence in the judiciary's role as a check on the other branches of government.​

Political Implications

The Vice-President's comments come amid ongoing tensions between the judiciary and the executive. Opposition parties have previously accused Dhankhar of partisanship, leading to discussions about his role as the Chairman of the Rajya Sabha. This latest statement is likely to intensify debates about the separation of powers and the independence of constitutional institutions.​

Conclusion

Vice-President Dhankhar's remarks on Article 142 have sparked a significant constitutional debate, highlighting the delicate balance between the judiciary and the executive in India's democracy. As discussions continue, the importance of maintaining the independence and integrity of each branch of government remains paramount.