Some Important Questions During The Controversy That Arose After The Statement Of The Vice President Of India
Why Did The Vice President Of The Country Call Article 142 Of The Constitution A Nuclear Missile?
Who is supreme in the Constitution, can the courts give orders to the President; Uproar over Article 142 and Vice President’s statement, know the whole story
Vice President Jagdeep Dhankhar has opened a front against the Supreme Court, saying that Article 142 of the Constitution has become a nuclear missile against democratic powers.
BJP MP Nishikant Dubey also said that the Chief Justice of India is appointed by the President, how can you give instructions to him.
In fact, the Supreme Court had recently used Article 142 to reprimand the Governor of Tamil Nadu for stopping the bill and had also given instructions to the President.
Can’t the courts give instructions to the President, why did the Vice President call Article 142 a nuclear missile and who is at the top in India
● In which case has the Supreme Court given instructions to the President?
12 bills were passed in the Tamil Nadu Assembly between 2020 and 2023. These were sent to Governor RN Ravi for approval. He did not take any action on the bills and kept them suppressed.
In October 2023, the Tamil Nadu government appealed to the Supreme Court. After this, the Governor returned 10 bills without signing and sent 2 bills to the President for consideration. The government again passed 10 bills and sent them to the Governor. This time the Governor sent them to the President.
In an important decision on 8 April 2025, the Supreme Court declared the Governor’s stalling of the bill in this manner illegal. Justice JB Pardiwala’s bench told the Governor – You should follow the Constitution, not the wishes of the parties.
The Governor did not act with ‘honesty’. Therefore, the court ordered that these 10 bills be considered passed. This was the first time that bills were passed without the approval of the Governor.
Actually, it is not stipulated in the Constitution within how many days the Governor or the President will have to approve or disapprove the bill passed by the Assembly. It is only written in the Constitution that they have to take the decision ‘as soon as possible’. The Supreme Court has defined this ‘as soon as possible’…
1. If the state government sends a bill for approval, the Governor will have to take action within a month.
2. If the Governor sends the bill to the President, then the President will also have only 3 months to take a decision on it. If it is more than this, they will have to give a valid reason.
3. If the Governor or the President does not take any action within the time limit, the state government can go to court.
● What did Vice-President Dhankhar say on Article 142 and courts, on which the debate broke out?
On April 17, Vice President Jagdeep Dhankhar said that the courts cannot give orders to the President. He said that the special powers granted to the court under Article 142 of the Constitution have become a nuclear missile available 24×7 against democratic forces. Judges are working like ‘Super Parliament’.
On Dhankhar’s statement, DMK Rajya Sabha MP Tiruchi Siva said,
“The executive, legislature and judiciary have separate powers in the Constitution. One should not forget that the Constitution is supreme. Jagdeep Dhankhar’s comments are unethical.
Rajya Sabha MP and well-known lawyer Kapil Sibal said in an interview, ‘yesterday
if there is trust in any one institution in the entire country, it is the judiciary. Does he (Dhankhar) know that Article 142 of the Constitution has given the Supreme Court the right to complete justice. The President is only a symbolic head. He works on the authority and advice of the Cabinet. The President has no personal rights of his own.
● What is Article 142, which is being discussed so much?
The makers of the Constitution of India included in the Constitution all those things which could be thought of at that time. Along with this, through Article 142, the Supreme Court was given special power to do ‘complete justice’. So that justice can be ensured even when the existing provisions of law are not adequate or are unclear. Like Article 18, its draft was adopted in the Constituent Assembly without debate and opposition.
Dr. B. R. Ambedkar, while supporting this article in the Constituent Assembly, had said, “There may be many matters where the ordinary law may not be able to give a remedy. Article 142 is a safety valve.
That is, if a case is so extraordinary that justice cannot be done through existing law, then this article is a ‘safety valve’ for the Supreme Court.
This article makes the Supreme Court the only body that interprets the Constitution and gives final justice.
In which major decisions did the Supreme Court use Article 142?
Between 1950 and 2023, verdicts were given under Article 142 in about 1579 cases, in which most of them were civil cases.
However, the Supreme Court used its powers under Article 142 only in 791 cases. Some of the major ones are…
● Ayodhya Ram Temple case (2019)The court ruled in favor of Ram temple and ordered to give 5 acres of land in Ayodhya itself for the mosque.
● Sahara-SEBI Case (2012)The Supreme Court ordered Sahara Group to return the investors’ money, and also decided on a special mechanism for this, which was not clearly defined in the law.
● Shiv Sena Maharashtra Government Controversy (2023)The court acknowledged that the then Deputy Speaker had taken wrong steps, but refused to reinstate or revoke the membership of the rebel MLAs, showing the potential limits of Article 142.
● Delhi vs LG (2023)The Supreme Court said that the Delhi government has authority over the officers. Gave guidelines related to transfer-posting using Article 142.
● Ban on sale of liquor along highways (2016):The Supreme Court banned the sale of liquor within 500 meters of the National Highway.
● Who is at the top in India, can’t the courts give orders to the President?
In Britain, Parliament is supreme, the courts there are bound by the laws made by the Parliament, but this is not the case in India. Supreme Court lawyer and constitutional expert says…
● In India there is supremacy of the Constitution, not supremacy of Parliament. That means the Constitution is supreme in the country. Under this there is division of powers among everyone. Therefore, the post of the President cannot be above the Constitution nor can it go beyond the scope of the Constitution.
● The Supreme Court can also give orders to the President. She has the right under Article 142 to take decisions as per the Constitution for complete justice, which also includes giving orders to the President i.e. the Central Government if necessary.
● However, the Supreme Court does not have the authority to act like the President. Suppose a Supreme Court judge has to be appointed and there is a recommendation pending in the collegium, then the Supreme Court cannot say that the recommendation is pending for so many days, then we make the appointment without the approval of the President.
● Can the decisions taken using Article 142 be reversed?
There are 3 ways to overturn a decision of the Supreme Court-
1. Review petition: A review petition should be filed against the decision of the Supreme Court in the Supreme Court itself. It should be said that there was a major constitutional error in the court’s decision, due to which reconsideration of the decision is necessary.
2. Formation of a larger bench: two different conflictingThere should be judgments on which a larger bench should be constituted. That is, there have been two decisions on a case which are different from each other. Then a bigger bench of three judges should be formed.
3. Constitution Bench: New and five or more of the Supreme CourtThe bench of judges should hear the case and give the decision in a new way.
● Can the government abolish Article 142 of the Constitution if it wants?
The Government of India cannot remove Article 142 by amending the Constitution, because it is a part of the basic structure of the Constitution. If the government tries to remove it using Article 368, it will be challenged by the Supreme Court and the decision may be cancelled.
According to Experts “The Central Government can make provisions for changes in Article 142 under the Separation of Powers. This should bring clarity in Article 142 as to what decisions can be taken under it and what cannot. The Government can create limits in it, so that in the future encroachment of the constitutional limits of the judiciary under the guise of Article 142 can be prevented.”