In a strongly worded critique of the judiciary, Vice-President Jagdeep Dhankhar has raised serious concerns about the growing scope of judicial intervention in India’s democratic and constitutional processes. Dhankhar questioned the Supreme Court’s recent ruling that directed the President and Governors to clear or return Bills within a prescribed time limit, arguing that such directions challenge the very essence of the constitutional separation of powers.
Speaking at an interaction with the 6th batch of Rajya Sabha interns, the Vice-President took aim at Article 142 of the Constitution — which empowers the Supreme Court to pass any decree necessary for complete justice — labeling it as a “nuclear missile against democratic forces, available to the judiciary 24×7.”
Dhankhar Questions Judiciary Over Delhi Judge Cash Haul
Dhankhar’s comments also touched on the sensational Delhi High Court cash haul case, where an unexplained stash of cash was recovered from the residence of Justice Yashwant Varma on March 14-15. The Vice-President expressed deep dissatisfaction with the delay in making the incident public, which only came to light a week later via a newspaper exposé on March 21.
Parliament cannot script a judgement of a court. Parliament can only legislate and hold institutions, including Judiciary and Executive, accountable.
Judgement writing, adjudication, is the sole prerogative of Judiciary, as much as legislation is that of the Parliament. But… pic.twitter.com/FTy767hzDo
— Vice-President of India (@VPIndia) April 17, 2025
“An event happened at the residence of a judge. For seven days, no one knew about it. The delay is deeply concerning. If this had happened in the home of any common citizen, the speed would have been like an electronic rocket — but in this case, it’s slower than a cattle cart,” Dhankhar remarked.
He further raised eyebrows over the fact that no FIR has been registered against the judge, arguing that the Constitution grants legal immunity only to the President and Governors, not judges.
Criticism Over Judiciary-Formed Committee on Cash Haul
Dhankhar, himself a seasoned lawyer, questioned the legal validity of the three-judge committee currently reviewing the case. He asserted that investigation is solely the domain of the Executive, not the Judiciary.
There is a committee of three judges investigating the matter, but investigation is domain of the Executive. Investigation is not the domain of Judiciary.
Is the committee under the Constitution of India? No. Is this committee of three judges having any sanction under any law… pic.twitter.com/YoMvw5xu8g
— Vice-President of India (@VPIndia) April 17, 2025
“Is this committee of three judges sanctioned under any law passed by Parliament? No. What can the committee do? At best, it can make a recommendation. Investigation requires speed and preservation of evidence. Over a month has passed — if there are skeletons in the cupboard, it’s time to open the lid,” Dhankhar said.
Vice-President vs Supreme Court: Clash Over Presidential Directions
The Vice-President’s blistering critique follows the Supreme Court’s recent judgment in a case involving Tamil Nadu Governor R.N. Ravi. The court declared that the Governor’s prolonged withholding of 10 Bills was “illegal and arbitrary” and introduced a three-month deadline for the President or Governors to act on Bills passed by state legislatures for the second time.
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The court also emphasized that the President’s functions are subject to judicial review under Article 201, and suggested that if there are doubts about a Bill’s constitutionality, it is “prudent” for the President to refer the matter to the Supreme Court.
Reacting to the judgment, Dhankhar called it an alarming overreach: “Where are we heading? The President is now under directives from the judiciary, with deadlines. We never bargained for a democracy where judges would legislate, perform executive functions, and act as a super-parliament with zero accountability,” he stated.
A Broader Debate on Article 142
The Vice-President’s sharpest criticism was reserved for Article 142, which he described as being “weaponized.”
“Article 142 has become a nuclear missile against democratic forces, always ready for deployment by the judiciary,” Dhankhar declared, warning that its misuse could destabilize the balance of power enshrined in the Constitution.
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His remarks have ignited an already simmering debate about judicial activism, executive autonomy, and the rule of law in the world’s largest democracy.
Dhankhar’s unprecedented remarks reflect growing unease within India’s political and constitutional ecosystem. As the controversy deepens, the judiciary’s role in legislative and executive matters will remain under public scrutiny, especially with several high-stakes cases — including the cash haul investigation and ongoing state-level disputes — still pending before the courts.
