Text of the Vice-President’s Address at the Valedictory Function of the 6th Rajya Sabha Internship Program, New Delhi (Excerpt)
Article 142 has become a nuclear missile against democratic forces. Available to judiciary 24×7.
The judges who issued mandamus virtually to the President and presented a scenario it will be law of the land. Have forgotten the power of the Constitution.
Date: 17 APR 2025
Very good morning to all of you.
Well, you are privileged, now the group is 175. Very special group and this is Rajya Sabha interns 6th session. Now we have taken a decision to have a structured platform that will generate connectivity and this platform will cater to the people at large all information about legislation in Rajya Sabha and Lok Sabha.
I’ll work out with the Hon’ble Speaker and in about two months time we will launch it. So people of the country will have the benefit to have authentic information from a sanctified platform about Members of Parliament and right from Constituent Assembly debates to the current ones. You will also have access to archives that are privy to Indian Parliament.
Therefore, as a very special group you will act as ambassadors. When this group during my tenure will reach a figure of 500 the geographical spread out the regional penetration inclusivity will be reflected in every facet of human life and this will help you, boys and girls to be in connect with one another. It will be nothing less than a batch of Indian Civil Service officers. Two of the people are present here PC Modi, Secretary General and Rajit Punhani, Secretary Rajya Sabha.
Boys and girls India was a nation in the world for thousands of years dominating culture civilisation values economy. We were a world power, we were known as Vishwa Guru. Our institutes of excellence Nalanda, Takshila to name just few attracted global talent, they learned from us, they gave to us. We were constituting at one point of time one-third of global economy.
Things went wrong somewhere but soothing parties gratifying parties the last decade or so has generated an ecosystem of hope and possibility. India has witnessed a growth in economy that is globally applauded by world institutions. India has had such massive phenomenal infrastructure jump that we are feeling it every day. People centric policies technological penetration has gone up to the villages and therefore, India today is the most aspirational nation in the world and this is good for planet Earth.
We are home to one-sixth of humanity, we are aspirational, it’s a challenge to us. Boys and girls before me are the most vital stakeholders in governance and in democracy you are the future. Our youth demographic dividend is envy of the world. We are a vibrant democracy, mother of democracy. Democracy at all levels constitutionally structured but when things are going upward we are bound to face headwind. There will be forces inimical to the interest of Bharat. They will try to operationalise mechanisms give wings to wrong narratives invidious designing of sinister mechanisms to run down our national growth taint, tarnish and diminish our constitutional institutions. Therefore, every young mind in the country has to be alert has to be discerning has to question, because this questioning is vital because it is sublimity and vitality of democracy.
We must learn to challenge situations which we find are not in consonance with our rich culture our democratic principles and that is how we will contribute in the maintenance, sustaining of our growth trajectory. So all of you boys and girls will have to think and scratch your heads is everything alright? Am I worried? And today therefore, my focus singularly will be on the role of the citizen, role of the youth.
Let me take incidents that are most recent they are dominating our minds an event happened on the night of 14th and 15th of March in New Delhi at the residence of a judge, for seven days no one knew about it. We have to ask questions to ourselves. Is the delay explainable? Condonable! Does it not raise certain fundamental questions? Ordinary situations define rule of law things would have been different. It was only on 21st March disclosed by a newspaper that people of the country were shocked as never before.
They were in some kind of limbo deeply concerned and worried at this explosive, alarming explosive thereafter, fortunately in public domain we had input from authoritative source the Supreme Court of India and input indicated culpability. Input did not lead to doubt that something was amiss; something required to be investigated.
Now the nation waits with bated breath, the nation is resting because one of our institutions to which people have looked up always with highest respect and deference was put in the dock. It is now over a month even if it is can of worms, even if there are skeletons in the cupboard, time to blow up the can, time for its lid to go out and time for the cupboard to collapse. Let the worms and skeletons be in public domain so that cleansing takes place, not for a moment I will ever say that we must not give premium to innocence.
Democracy is nurtured, its core values blossom, human rights are taken at a high pedestal when we believe in innocence till the guilt is established. Therefore, I must not be misunderstood for casting aspersions on any individual but then in a democratic nation purity of its criminal justice system defines its direction investigation is required.
Boys and girls, no investigation under law is in progress at the moment because, for a criminal investigation the initiation has to be by an FIR ‘First Information Report’ it is not there. It is law of the land that every cognizable offence is required to be reported to the police and failure to do so, failure to report a cognizable offence is a crime. Therefore, you all will be wondering why there has been no FIR the answer is simple.
An FIR in this country can be registered against anyone, any constitutional functionary including the one before you. One has only to activate the rule of law no permission is required but if it is judges their category FIR cannot be state way registered it has to be approved by the concerned in judiciary but that is not given in the Constitution. Constitution of India has accorded immunity from prosecution only to the Hon’ble President and the Hon’ble Governors so how come a category beyond law has secured this immunity because the ill effects of this are being felt in the mind of one and all.
Every Indian young and old young and old is deeply concerned, if the event had taken place at his house the speed would have been electronic rocket. Now, it is not even a cattle cart. A question we must think, 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 constitution of India? No. Is this committee of three judges having any sanction under any law emanating from Parliament? No. What can the committee do, committee can at the most make a recommendation. Recommendation to whom and for what the kind of mechanism we have for judges, the only action finally that can be taken is by the Parliament, when proceedings of removal are initiated a month has passed more than that and investigation requires speed, expedition, preservation of incriminating material. As a citizen of the country and holding position which I do, I am concerned. Are we not diluting rule of law? Are we not answerable to? ‘We the people’ who gave us the Constitution.
Therefore, I would strongly urge everyone concerned to examine this as a test case, what legitimacy and jurisdictional authority does this committee possess. Can we have separate law made by a category and the law made by that category dehors constitution, dehors Parliament.
The committee report according to me inherently lacks legal standing तो क्या हम ऐसे हालात में आ गए की समय के साथ यह बात चली जाएगी? लोगों के दिल पर इस घटना से गहरी चोट लगी है। लोगों का विश्वास डगमगा गया है।
There was a survey conducted recently and the survey indicated it was by a media house that public confidence in the institution of judiciary is dwindling. It is fundamental for success of democracy that is three fundamental pillars Legislature, Judiciary and Executive are above board, they are transparent, they are accountable, they exemplify to the people at large.
The highest standards to be emulated and therefore the principle of equality equality before law has been disregarded. It is fundamental to our democracy, it is nectar of our democracy time for us to enforce it.
This is in March, still we are groping in dark the tunnel is getting longer and longer and light is not visible as to what will happen. Normal human tendency to forget an event because other events overtake us, this is not one such incident.
I beseech everyone concerned to be highly alert proactive and restore authority of the constitution.
Boys and girls, let me take to you early this year on January 27, 2025 a seven-member LOKPAL Bench headed by a former supreme court judge ruled it possesses jurisdiction to investigate corruption complaints against High Court judges. Suo Moto cognisance was taken and mind you, if you go to other judicial dispensations in other countries that have democracies thriving Suo Moto cognisance is unknown to me and then it was a stayed on one ground independence of judiciary. This independence कोई कवच नहीं है. This independence is not some kind of impregnable cover against enquiry, investigation probe.
Institutions thrive with transparency with there being probe the surest way to degenerate an institution or an individual is to give total guarantee, there will be no enquiry, no scrutiny, no probe how can we take this situation. These are serious issues.
Let me tell you where it started. The Constitution framers were very wise people. People who deeply believed in national welfare. They debated for 18 sessions for a little less than 3 years. There was no confrontation, there was no disturbance, no disruption, there was dialogue, debate, discussion and deliberation. They had very contentious issues but they framed one rule, the judges will be appointed under article 124 and a consultation board was used.
Boys and girls, you know the word consultation lexicon defines it, consultation is not concurrence, consultation is consultation article 124 was very specific and with respect to article 124 we have a very important discourse by Dr. B.R. Ambedkar and B.R. Ambedkar who did a great job in giving us this constitution and I quoting him, this was with regard to the question of the concurrence of Chief Justice and Dr. B.R. Ambedkar says “I think, to allow the Chief Justice practically a veto upon the appointment of judges is really to transfer the authority to the Chief Justice which we are not prepared to vest in the President or the Government of the day. I therefore think that is also a dangerous proposition.” but in the second judge’s case, in 1993, the court interpreted consultation will be read as concurrence. Can it be done?
The two words boys and girls are different, but the bench did not notice that the Indian constitution uses these words, consultation and concurrence in the same article, Article 370, with respect to the then state of Jammu and Kashmir. Article 370 has both expressions in the same sub-articles.
How can these two words used differently by the Supreme, by the constituent assembly members in the constitution can be read differently? It was done. Now, the situation is engaging attention of everyone and it is our obligation as citizens of this country to think about how things have to evolve. I have no doubt parliament cannot script a judgement of a court. I have no doubt about it.
Parliament can only legislate and hold institutions including Judiciary and Executive accountable, but judgement writing, adjudication is the sole prerogative of judiciary as much legislation is that of the parliament. But are we not finding this situation getting challenged? I am saying so because very frequently we are finding that executive governance is by judicial orders, when executive, the government is elected by people, the government is accountable to parliament, the government is accountable to the people at election.
There is a principle of accountability in operation. In parliament you can ask questions, critical questions, because the governance is by the executive but if this executive governance is by judiciary, how do you ask questions? Whom do you hold accountable in election? Time has come when our three institutions, Legislature, Judiciary and Executive must blossom, and they blossom best, and best for the nation, only when they operate in their own area. Any incursion by one in the domain of the other poses a challenge, which is not good. It can upset the upper card. The relationship between these three must be wholesome, soothing, one of deep understanding, coordination not to show authority.
Historically and also presently in many nations, judges speak through their judgments, and only through their judgments. Those good old days are gone now. We are having totally a different spectacle. A courtroom was the ultimate place from where a judge would pronounce his order but now the situation is judges are venturing out on public platforms, on media platforms. Even in terrain which is challenging and not their own, I only expect the legislature will operate from parliament theatre, judges will operate from their courtrooms, and executive will do its work as envisioned by the Constitution.
The problem started, I should come, because an event had taken place recently. I am dealing with only contemporary issues. An event had taken place recently on the release of a book, and the focus of the book by a former judge of the Supreme Court was on Basic Structure. The day was chosen as 14th April, associated with Dr. B.R. Ambedkar. The former judge of the Supreme Court, and illustrious author of the book referred to 13th April. He narrated an incident that had taken place on 13th April at Jallianwala Bagh before independence, where our people were killed, massacred, injured, and by our own people, led by General Dyer and then he came to the doctrine of basic structure, that this cannot happen now because of this doctrine. Examine for a moment the doctrine Keshvanand Bharti gave to us.
Thirteen judges of the Supreme Court assembled. The judgement was on 24th April, 1973 and this, according to the author, is our saviour. But after we had this basic structure doctrine, a Prime Minister to save a seat imposed emergency on 25th June, 1975. The judge has forgotten. The audience has forgotten. It was supposed to be engaging discourse, inquisitorial. No one asked a question. कि यह जो अवतार था, यह जो अमर था, जो ऐसी घटनाओं पर अंकुश लगा देगा और जिसका इतना महामंडन किया जा रहा था जलियांवाला बाग के रेफ़रेंस में वह भूल गए ताज़ा इतिहास को 24 अप्रैल, 1973 और आप देखिए, 2 साल पूरे होते ही emergency was clamped on 25th June. Lakhs of people were put behind the bars and there it was up to 21st March, 1977. Lakhs of people! With this basic structure Supreme Court ruled, you have no fundamental right in emergency. This is so much for your tribute to basic structure. The impregnability of basic structure was so demolished to pieces by the highest court of the land.
Reversing judgments of nine high courts, that in one voice held, fundamental rights cannot be on hold during emergency. There has to be access to judiciary. The highest court of land, a former judge, being author of the book, eulogising the doctrine, the complete bulwark against assault on citizen rights, was so oblivious of what happened during his lifetime.
Just imagine, we are being sold these narratives at a critical time, because we don’t ask questions. I wish somebody in the audience should have asked the question, what happened to your basic structure doctrine in 1975? Then there should have been the next question. 1st June 1984, what happened in Delhi? Our freedom loving people, they were singled out in thousands. What happened at the Golden Temple? What I am saying is, don’t take these narratives at face value. These narratives are dangerous narratives. These narratives must be exposed by discerning minds like young people. You must learn to question, because we have iconized people through mechanism which is not rational.
We have given celebrated status to people without examining, we think what they say is right. No one asked the author, while he was judge of the Supreme Court, why the collegium system did not work. We must learn to ask questions, because in democracy, this is our most basic right. If you don’t ask questions to me, you will not be doing your duty. Therefore, in 1975 the number will go to 500. It will be that square which will be asking questions also. We don’t have to be overcritical. We don’t have to be confrontationist but we have to believe in the nation under all situations.
My worries were at a very highest level. I never thought in my life I will have the occasion to see it. President of India is a very elevated person. President takes oath to preserve, protect and defend the constitution. This oath is taken only by president and her appointees, the governors.
Everyone, the Prime Minister, the Vice-President, the ministers, the parliamentarians, the judges, they take oath to abide by the constitution but to defend the constitution, to preserve the constitution, to protect the constitution, that is the oath of the president of India. The supreme commander of the armed forces, boys and girls, if you look at the Indian constitution, when parliament is defined, according to you parliament is Lok Sabha, Rajya Sabha – No.
Parliament, the first part is the president, second and third are Lok Sabha and Rajya Sabha. There is a direction to the president by a recent judgement. Where are we heading? What is happening in the country? We have to be extremely sensitive.
It is not a question of someone filing a review or not. We never bargained for democracy for this day. President being called upon to decide in a time-bound manner and if not, it becomes law. So we have judges who will legislate, who will perform executive functions, who will act as super Parliament and absolutely have no accountability because law of the land does not apply to them.
Let me tell you boys and girls, every parliamentarian, and why parliamentarian? Every candidate in any election to Assembly or Parliament is required to declare assets. They just don’t do it. Some do, some don’t. Time has come, that we reflect deeply. I am not here to join an issue. I am proud of Bharat that is rising as never before, the rise is unstoppable. I am proud of the ecosystem in the country of hope and possibility. Buoyant economy, infrastructure unbelievable, Global reputation of the Prime Minister, never heard. Indian Prime Minister will be a global leader of that level. India is respected all over. We therefore have to be extra cautious that these forces that are active, you have to analyse them.
I do not wish to take on an individual. I have respect for all but then we have to be analytical mind, discerning mind. We cannot have situation where you direct the President of India and on what basis the only right you have under the Constitution is to interpret the Constitution under Article 145(3). There it has to be five judges.
Boys and girls. When Article 145(3) was there, the number of judges in the Supreme Court was eight. Five out of eight, now five out of 30 and old. But forget about it. The judges who issued mandamus virtually to the President and presented a scenario it will be law of the land. Have forgotten the power of the Constitution.
How can that combination of judges deal with something under Article 145(3) is preserved? It was then for five out of eight. We need to make amends in that also now. Five out of eight would mean interpretation will be by majority. Five constitutes more than majority in eight but leave that aside.
Article 142 has become a nuclear missile against democratic forces. Available to judiciary 24×7. Boys and girls, why I am talking to you? You are the future. You are the stakeholders. I am not addressing only you, I am addressing the entire youth of the country. In IITs, in IIMs, institutes of excellence, colleges, universities, schools. We have to believe in the nation. We have to believe in the power of we the people. And the power is reflected only through representatives, we have lost track.
The good thing is the government policies are yielding results. People-centric policies are rewarding to the ordinary man. The ordinary man has a bank account today, a toilet in the house, an internet connection, a gas connection, an electric connection. Has health facilities and education facilities close by. Has connectivity by bus, by train, by air. He is getting the feel of development.
Let us resolve this day that our democracy is dependent only on constitution and constitution expects all its organs to optimally perform for larger good in concert and coordination, and in their respective domains. It is not a question of one institution being at a higher position but certain things are very clear.
Judges are appointed only and only by the president and parliament is the sole authority to take action against them. It is therefore time for us not to be in reaction mode. It is very easy to start a narrative, oh, the Vice-President of the country has said so.
I appeal to you media in particular. I am saying it out of pure heart. I am a foot soldier of judiciary. I have given four decades of my precious life to judiciary. Three decades as senior advocate. Whenever it comes to challenge to judiciary, I am always on the side of judiciary. We are proud of our judiciary. It has global recognition. Our judges have gifted talent but something about it needs notice.
I have no doubt the wisdom of our judges will rise to the occasion and there will be evolution of self-regulation. I firmly believe, whether it is legislature or judiciary, self-regulation is the most effective regulation. Idea is not to join issue. Idea is never to engage into argumentation. Idea is not to have adversarial relationship. Idea is to have a meeting ground. Idea is to ensure that what our founding fathers visualised about constitution, our institutions, we bring that to lustre, to shine, to ultimate performance for larger good.
Boys and girls, I chose these events because they were recent but two events I must hint at you. When I reflected on book release function, author being a former Supreme Court judge, I brought emergency contextually because the rise was placed on doctrine of basic structure evolved in Keshwanand Bharti in 1973 but let me tell you two events that have taken place recently.
They are only to invite your attention from that perspective. One was Samvidhan Divas, because every Bharatiya must know why we celebrate Samvidhan Divas. We are celebrating it for last one decade and Samvidhan Hatya Divas because you boys and girls have no idea the kind of traumatic experience our citizens suffered during emergency.
The impressions on young boys and girls, children, when their parents nationalistic mind, many of them became Ministers, Chief Ministers, Cabinet Ministers, and Prime Ministers later on, were detained without any cause, with no access to judiciary. Therefore, on these two days you must devote yourself, think within and act accordingly.
Well I am sure you would have had rewarding experience being connected with one another. By end of the year or early next year, we will be having a get together in Delhi of all the participants till then. So you will have the occasion to intermingle also but on the platform that is being created, be in touch with one another. Whenever you travel to a place, where you find an intern from that place, try to connect with him or her. That will be rewarding experience.
Start sharing your ideas and thoughts because ideation alone is gift of democracy. You have to ideate. The power of ideation, the power of an idea, will define our progress trajectory.
I wish you well.
Thank you so much.
