The Honourable Supreme Court of India enjoys an extremely high reputation. The Bombay High Court stated in a comprehensive decision dismissing the PIL against the Vice President Jagdeep Dhankhar and the Law Minister Kiren Rijiju that “it cannot be undermined or impinged by the words of people. This was stated in the case of Bombay Lawyers Association v. Jagdeep Dhankar and Ors. by a division bench of Acting Chief Justice SV Gangapurwala and Sandeep Marne.
FACTS OF THE CASE :
The Bombay Lawyers Association filed a petition to prevent them from performing their duties, arguing that via their actions, the two had lost faith in the Indian Constitution and were therefore ineligible to assume the constitutional positions of Vice President and Minister of the Union Cabinet.
In the case of Kesavananda Bharati v. State of Kerala, in which the SC ruled by a 7:6 majority that the fundamental structure of the constitution cannot be changed or tampered with, the petitioner claimed that between 2021 and 2023 they continuously attacked the “collegium system” by which judges are appointed.
The argument claims that constitutional officials are expected to have trust in and loyalty to the Indian constitution, which they affirmed when taking the oath of office, after outlining a number of examples of criticism. Despite the facts, they have demonstrated a lack of faith in the Constitution and the Supreme Court via their actions and public statements.
The collegium system was established by the Supreme Court of India in 1993, and on the president’s recommendation, the Supreme Court expanded the collegium to a five member body in 1998, consisting of the Chief Justice of India and four of his senior most colleagues. In 2015, the Sc upheld the ruling in the third Judge’s judgement and declared the 99th amendment invalid.
JUDGEMENT:
The division bench stated,
“The Indian Constitution is infallible and untouchable. Every Indian citizen is required to uphold the Constitution’s principles and is obligated by it. All parties, including those in positions of authority and those holding constitutional positions, are required to uphold the constitutional institutions”.
The court ruled that the petitioner’s stated method of removing the constitutional authority was ineffective.
Additionally, “The verdict may be fairly criticised. Without a question, upholding the Constitution is a vital responsibility of every citizen. The authority of the law must be respected “the tribunal added.
The bench took note of the ASG’s claims that the statements made by VP Jagdeep Dhankhar and the Law Minister never “undermined the authority of the judiciary and its independence would always be unspoiled and supported and they respect the values of the Constitution.”
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JUDGEMENT REVIEW BY SREYA MARY.
