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In a controversial statement that has sparked alarm among legal experts and constitutional scholars, Vice-President Jagdeep Dhankhar criticized the judiciary for allegedly overstepping its bounds, particularly targeting the Supreme Court’s recent verdict that set deadlines for the President and Governors to act on Bills.

“We cannot have a situation where courts direct the President,” Mr. Dhankhar said, suggesting that the judiciary is interfering with the powers of the executive. He further described Article 142 of the Constitution — which empowers the Supreme Court to pass orders necessary to do "complete justice" — as a “nuclear missile against democratic forces, available to the judiciary 24x7.”

This incendiary metaphor has drawn backlash for implying that judicial independence — a cornerstone of democracy — is somehow hostile or dangerous. Critics argue that such rhetoric undermines public trust in the judiciary and risks damaging the careful separation of powers between branches of government.

While addressing the sixth batch of Rajya Sabha interns, the Vice President also referred to a serious incident involving a Delhi High Court judge, Yashwant Varma, from whose residence a large amount of cash was allegedly recovered in March. He questioned the delayed disclosure of the incident and criticized the absence of an FIR against the judge.

“An FIR in this country can be registered against anyone, any constitutional functionary, including the one before you... But if it is Judges, FIR cannot be straightaway registered. It has to be approved by the concerned in the Judiciary, but that is not given in the Constitution,” he argued.

He went on to question why judges, unlike the President and Governors, appear to enjoy immunity not explicitly provided in the Constitution.

“If the event had taken place at his house, the speed would have been an electronic rocket. Now it is not even a cattle cart,” he remarked, criticizing the pace of response and investigation.

Why These Remarks Are Dangerous

While scrutiny of public institutions is necessary in a democracy, the Vice President’s remarks are concerning for several reasons:

1.    Undermining Judicial Authority: By calling Article 142 a "nuclear missile," the Vice President risks portraying the judiciary as a threat rather than a guardian of constitutional rights.

2.    Challenging Separation of Powers: The suggestion that courts should not “direct” the President could erode judicial checks on executive inaction or overreach, especially when constitutional responsibilities are being delayed or ignored.

3.    Eroding Public Confidence: As the Vice President of India — also the Chairperson of the Rajya Sabha — such statements carry institutional weight. Attacks on judicial legitimacy can embolden other political actors to disregard court rulings, weakening the rule of law.

4.    Threatening Judicial Independence: Implying that judges should be more easily prosecuted, without proper due process and internal accountability, could be seen as an attempt to intimidate the judiciary.

5.    Fueling Distrust During Sensitive Times: At a moment when public trust in institutions is essential, these remarks may sow unnecessary suspicion and politicize judicial matters that require careful and independent handling.

The Vice President’s speech has ignited a vital conversation about accountability and judicial conduct. However, framing the judiciary as a rogue institution and questioning its constitutional powers without nuance is fraught with danger. Safeguarding democracy requires mutual respect and balance among all pillars of governance — executive, legislature, and judiciary. When this balance is disturbed through political rhetoric, it threatens not just institutions, but the very foundation of constitutional democracy.

New Delhi, The Supreme Court on Wednesday refused to entertain petitions filed by the NIA against the bail granted to 17 Popular Front of India members in the 2022 murder case of RSS leader Srinivasan in Kerala's Palakkad district.

A bench comprising Justices Abhay S Oka and N Kotiswar Singh noted that the Kerala High Court order granting bail to the accused is one-year-old and the HC has the power to cancel bail if the conditions are violated.

"Our attention is invited to observation made in the last part of the impugned order by which high court has reserved liberty to the petitioners to apply to special court for cancellation of bail.

"Therefore, the petitioners can always apply to the special court for cancellation of bail on the grounds which are set out in the affidavits filed in these petitions. In fact the special court will be the more appropriate court," the bench said.

The top court said the agency can satisfy the special court about the breach of terms and conditions of grant of bail by producing materials against the accused.

"Therefore, at this stage we decline to entertain the special leave petitions with liberty to the petitioners to move the special court/high court for cancellation of bail. Needless to say that if the prayer made by petitioner does not succeed before the special court/high court remedies of the petitioners remain open.

"We make it clear that as and when application is made for cancellation of bail the special court or high court should not be influenced by the fact that this court has declined to entertain the present special leave petitions," the bench said.

During the hearing, Additional Solicitor General Raja Thakare, appearing for the NIA, sought cancellation of the bail and submitted that the accused have violated the bail conditions and have contacted the witnesses.

The Kerala High Court on June 25, 2024 granted bail to the 17 accused PFI members, who are also facing trial for allegedly instigating communal violence in the state and other parts of the country.

Granting bail to 17 of the 26 accused, the high court imposed stringent conditions, which include sharing their cellphone numbers and real-time GPS locations with the investigating officer.

Aside from that, the accused were ordered not to leave Kerala, surrender their passports and keep their cellphones charged and active round-the-clock.

It had directed the 17 to "present themselves before the special court which shall enlarge them on bail on such conditions as the special court may deem necessary".

Initially, 51 persons were arraigned as accused in connection with the murder of Srinivasan on April 16, 2022. One among those held died while seven others are absconding.

Chargesheets against the remaining persons were filed in two phases in July and December, 2022.

While police was investigating the murder, the Centre received information that the office bearers and cadres of the Popular Front of India and its affiliates in Kerala had conspired to instigate communal violence and radicalise its cadres to commit terrorist acts in Kerala and other parts of the country, the high court noted in its order.

Therefore, the Centre in September, 2022 directed the National Investigation Agency to take up and probe the case against the accused.

On December 19, 2022, the Centre, referring to Srinivasan's death, opined there was a larger conspiracy hatched by the leaders of the PFI "which has grave national and international ramifications" that needed to be "thoroughly investigated to unearth the wider conspiracy and to identify the other accused".

The Centre directed the NIA to take up the probe in the murder case as well, and the agency filed its consolidated chargesheet in 2023 with two supplementary chargesheets later.

Immediately after the respective NIA chargesheets were filed before the special court, the accused moved for bail.

New Delhi: In the wake of the deadly terror strike in Pahalgam that claimed 26 lives, Union Home Minister Amit Shah on Friday personally reached out to the Chief Ministers of all states, instructing them to take immediate action to identify and deport Pakistani nationals who are overstaying in India beyond the newly imposed visa deadlines, according to official sources.

During the calls, Shah emphasized the urgency of locating any Pakistani nationals still residing in their respective states and ensuring their departure in compliance with the fresh directives. He also made it clear that while overstayers must be deported, Hindu Pakistani nationals holding valid long-term visas are exempt from these measures and should not face any action.

This directive follows India’s sweeping decision to revoke all visas issued to Pakistani nationals from April 27 onwards. Medical visas, however, will remain valid only until April 29. The government has also urged all Indian citizens currently in Pakistan to return home at the earliest.

Furthermore, as part of its comprehensive response to the April 22 terror incident, India has withdrawn Pakistani access to the SAARC Visa Exemption Scheme (SVES). Pakistani nationals currently in India under SVES were given a 48-hour deadline—until Friday—to leave the country.

The Home Minister had just returned from a two-day visit to Jammu and Kashmir and attended a high-level Cabinet Committee on Security (CCS) meeting in Delhi, where key decisions were taken, including suspending the Indus Waters Treaty with Pakistan.

Meanwhile, External Affairs Minister S. Jaishankar and Foreign Secretary Vikram Misri briefed foreign envoys about the nature of the Pahalgam attack and the measures India is undertaking in its aftermath.

Addressing a public gathering in Bihar, Prime Minister Narendra Modi condemned the attack and asserted that India will "identify, track, and punish" every terrorist and their "backers," vowing to pursue the perpetrators to the "ends of the earth."

The government has also begun consultations with both ruling and opposition political parties, seeking unity on national security even as questions were raised regarding potential lapses that led to the attack.