Kapil Sibal Hits Back at VP Jagdeep Dhankhar Over Remarks on Judiciary, Recalls Indira Gandhi Verdict

Senior advocate Kapil Sibal on Friday rebuked Vice President Jagdeep Dhankhar’s criticism of the Supreme Court, citing the 1975 Indira Gandhi case to defend judicial independence.

Amid an escalating debate over the role of the judiciary in constitutional matters, senior advocate and Rajya Sabha MP Kapil Sibal launched a sharp rebuttal to Vice President Jagdeep Dhankhar’s recent statements. Dhankhar had criticised the Supreme Court for invoking Article 142, calling it a “nuclear missile against democratic forces.”

Responding to Dhankhar’s comment that the judiciary is overreaching by directing the President, Sibal questioned the Vice President’s understanding of constitutional procedures. “I was saddened and surprised to see Jagdeep Dhankhar’s statement,” said Sibal.

In a historical reminder, Sibal pointed to the landmark 1975 judgment that unseated then Prime Minister Indira Gandhi. “When the Supreme Court’s decision came regarding the election of Indira Gandhi, only one judge—Justice Krishna Iyer—gave the decision, and she was unseated,” he said. “That was acceptable to Dhankhar ji, but now a two-judge bench ruling against the government is being questioned?”

Vice President Dhankhar, while addressing a recent event, said Article 142 has become a tool for the judiciary to act beyond its constitutional limits. “We cannot have a situation where you direct the President of India… Article 142 has become a nuclear missile against democratic forces, available to judiciary 24×7,” he said.

Dhankhar expressed disapproval over the Supreme Court’s recent directive to the President to act on bills held by state governors within a specific timeframe. “Judges are acting as a super Parliament and performing executive roles,” he said.

Kapil Sibal countered the Vice President’s argument by clarifying the constitutional position of the President. “The President is only a titular head. The President acts on the authority and advice of the Cabinet. The President has no personal right of their own. Jagdeep Dhankhar should know this,” he said.

Sibal added, “He asks how the powers of the President can be curtailed. But who is curtailing the powers?”

This war of words between two senior constitutional authorities highlights the growing tension between the executive and judiciary. While Dhankhar has repeatedly warned of judicial overreach, legal experts and opposition leaders see such remarks as attempts to undermine judicial independence.