No debate on Article 142, decision entirely in court's domain: Ex-SC judge

New Delhi: Supreme Court’s retired judge Ajay Rastogi on Saturday virtually disagreed with Rajya Sabha Chairman and Vice-President Jagdeep Dhankhar’s ‘nuclear missile’ remark about Article 142 and its alleged misuse, saying the decision to use the inherent powers under the Article lies entirely in the domain of the court.

“When to exercise the powers under Article 142, what are the circumstances under which to exercise the power is always in the domain of the court,” Justice Rastogi told IANS, countering the perceived tirade against the judiciary.

He said, in his personal view, a time has come that all parties must introspect.

“We are going wrong somewhere. The time has come that all stakeholders must introspect and find out a way which is in the interest of the institutions and in fulfilment of the mandate of the Constitution.”

Earlier this month, the top court, using its inherent powers under Article 142 of the Constitution, resolved a standoff between the Tamil Nadu government and Governor R.N. Ravi over the delay in granting assent to bills.

The court used the powers for the purpose of declaring the 10 withheld Bills as deemed to have been assented on the date when they were presented to the Governor after being reconsidered by the State legislature.

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The issue took a new twist after Jagdeep Dhankhar used strong words against the judiciary, comparing Article 142 as a ‘nuclear missile’ available to the judiciary against democratic forces.

The debate intensified with former Union Minister Kapil Sibal calling Dhankhar’s criticism as an attack on the judiciary and a potential act of shaking public faith in courts. However, renowned lawyer Mahesh Jethmalani put his weight behind the Vice President for fulfilling his obligation of upholding the Constitution.

Justice Rastogi while talking to IANS ruled out the talk about friction between the legislature and the judiciary. “Giving interpretation on a legislation is judiciary’s role. Parliament is supreme and has the power to amend a provision,” he said.

The court should not feel offended if Parliament amends a provision, he said.

Justice Rastogi also dismissed the narrative of the judiciary and the executive being on collision course, underscoring judges’ commitment to public welfare and their ability to withstand the perceived pressure due to dissection of their views.

“There is absolutely no pressure on judges. They function independently and fearlessly, no matter what the public thinks. We as judges work, with full commitment, in the interest of our institution and the public,” said Justice Rastogi.

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