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The Constitution is neither parliament nor enforcement: Kapil Sibal

Senior defense lawyer and Rajya Sabha MP Kapil Sibal issued a statement in New Delhi on Friday regarding Vice President Jagdeep Dhankhar in the media before the Supreme Court. |Picture source: ANI

Rajya Sabha MP Kapil Sibal said on Tuesday (April 22, 2025) that Congress is not the supreme constitution, but the constitution is supreme.

Mr. Sibar also claimed that everything the court said was in line with the country’s constitutional values ​​and was oriented towards the national interest.

Mr Sibal’s remarks on X were made on Mr Dhankhar’s statement that every word the constitutional body said was guided by the highest national interest.

A Supreme Court judge recently issued a three-month schedule for the Indian president to decide the bill the governor reserved for her nod. Mr. Dakhar responded to the directive, saying that the judiciary cannot play the role of “super parliament” and enter the field of the executive branch.

Mr. Sibar said in an article on X: “Supreme Court: Parliament has the full power to pass the law. The Supreme Court is obliged to interpret the Constitution and to be fully judicially just [Article 142]…. Everything the court said is: consistent with our constitutional values; under the guidance of national interests,” said the independent Rajya Sabha MP and former Congress leader.

Mr Sibal said in another article: “Law: Neither the parliament nor the executive officers are the highest, the constitution is the highest. The provisions of the constitution are interpreted by the Supreme Court. That is how this country has understood the law so far!” Mr Sibal slammed Mr Dhankhar last Friday (April 18), asking the judiciary about the timeline of the president’s decision, saying it was “unconstitutional” and never seen any “political statements” of such nature by Chairman Rajya Sabha.

The day after Mr. Dankhar used strong words to the judiciary, Mr. Sibar asserted that Lok Sabha spokesman and Rajya Sabha still equated with “a spokesman of one side” between the opposition and the ruling party.

“He or she is the Speaker of the House, not the Speaker of a political party. They don’t vote either, they just vote. The same is true of the House of Lords. You’re equivalent to the opposition and the ruling party,” said the senior advocate. ”

“Everything you say must be equidistant. A person who has no words can be a spokesperson for the party. I’m not saying he (Mr. Dankhar) is, but in principle no speaker can be a spokesperson for any political party.

Dhankhar questioned the timeline for the judiciary to make a decision for the president and serve as a “super parliament”, saying the Supreme Court cannot launch “nuclear missiles” at the Democratic Forces.

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