Jairam Ramesh reacts to Dhankhar's comments on Sonia, asks not to 'cloak' debate

Senior Congress MP Jairam Ramesh on Friday joined issue with Rajya Sabha Chairman Jagdeep Dhankhar over his observations on UPA Chairperson Sonia Gandhi's "delegitimising judiciary" remark, asking him not to "cloak" the debate in the "guise of concern for Parliamentary sovereignty".

Ramesh shot off a letter to Dhankhar after the latter made observations in Rajya Sabha against Sonia's speech at the Congress Parliamentary Party meeting in which she said the government is seeking to “delegitimise the judiciary” and that it has "enlisted" ministers and "even a higher constitutional authority to make speeches attacking the judiciary on various grounds. Though she did not name any one, she was referring to Dhankhar and Law Minister Kiren Rijiju.

Dhankhar defended his actions saying that the remarks in his speech on December 7 on judiciary came in for "inappropriate reflections" in Sonia's speech and had he not reacted, it would have "demeaning consequences" and an impression sought to be imparted that the chair would become a party to a "pernicious and sinister design" at the instance of the government to delegitimise judiciary.

Ramesh said that Dhankhar implies that the judiciary cannot do more than interpret the laws passed by the legislature but this is "incorrect". He said the power of judicial review is part of the basic structure of the Constitution, he said adding that the current state of unease is due to the government not adhering to the checks and balances put in by the Constitution.

"Mr Chairman, please do not cloak this debate in the guise of concern for Parliamentary sovereignty. Parliamentary sovereignty is best ensured by allowing Parliament to function, by ensuring that the Opposition is given space and that the prime minister respects and responds to questions asked of his government," he said.

"Parliamentary sovereignty is respected by ensuring Bills aren't improperly classified as Money Bills to avoid voting in the Upper House. It is ensured by referring Bills to the appropriate Standing and Select Committees as per protocol instead of a Joint Committee of Parliament when it strikes the government's fancy, such as in the case of CAA, the amendments to the PCA and more recently the Biodiversity Amendment Bill," he said.

Referring to Dhankhar's emphasis on the need for the legislature, executive and judiciary to "scrupulously" confine themselves to their respective domains, Ramesh said no government prior to the Narendra Modi government has interfered as excessively and thoroughly in the functioning of the judiciary since the introduction of the Collegium system.

"Is it not a fact that despite the Collegium's recommendations, the government has delayed important judicial appointments on multiple occasions, knowing fully well that such delays are effectively a denial?" he asked.

He also asked whether it was a fact that the government has acted with "remarkable swiftness" to transfer and remove judges when they are perceived by the government to be passing orders against it in judicial proceedings.