Vice President Jagdeep Dhankhar has raised concerns over the Chief Justice of India’s (CJI) participation in selecting the Central Bureau of Investigation (CBI) Director, questioning the legal basis of such involvement in an executive appointment. Speaking at the National Judicial Academy in Bhopal on Friday, Dhankhar emphasized that in a democracy, such statutory prescriptions should be revisited.

Referring to the process, Dhankhar stated, “How can in a country like ours or in any democracy, by statutory prescription, Chief Justice of India participate in the selection of the CBI Director! Can there be any legal rationale for it?”

His remarks come at a critical time, just ahead of the meeting to finalize the next Chief Election Commissioner (CEC), as current CEC Rajiv Kumar retires on February 18.

VP Dhankhar Calls for a Review of Judiciary’s Role in Executive Appointments

Dhankhar further argued that such statutory prescriptions originated because the executive of the time yielded to a judicial verdict, but he asserted that “time has come to revisit” such provisions.

Posting a video clip of his speech on X, Dhankhar emphasized that the Chief Justice of India should not be involved in executive decisions, particularly in the selection of the CBI Director. According to him, this blurs the separation of powers between the executive and the judiciary, a key principle in any democratic system.

VP’s Remarks Amid Upcoming Selection of New CEC

His comments have gained significance as they come ahead of a crucial panel meeting to select the next Chief Election Commissioner (CEC). The Prime Minister-led selection committee, which includes the Leader of Opposition in Lok Sabha Rahul Gandhi and a Union Cabinet Minister nominated by the PM, will decide on the appointment.

Dhankhar’s remarks suggest that he believes judicial overreach in executive functions could set a concerning precedent.

VP Dhankhar: Judiciary Being ‘Weaponised’ to Promote Anti-National Sentiments

This is not the first time Vice President Jagdeep Dhankhar has spoken about concerns regarding the judiciary. On February 7, while addressing the third edition of the Karnataka Vaibhava Literature and Cultural Festival in Ranebennur, Haveri district, he alleged that “access to the judiciary has been weaponised” to push anti-national narratives.

Dhankhar stated that in recent years, certain elements have used the judicial system to influence governance and promote ideologies that undermine national unity.

Attempts to Influence Electoral Process

Expressing concern over attempts to influence India’s electoral process, Dhankhar said, “In the country with the oldest democracy, the strongest democracy, and the most vibrant democracy, there is an attempt to influence our electoral process in a manner it should not be influenced.”

He asserted that while democracy in India exists at every level—village, city, state, and nation—certain forces seek to manipulate it through judicial interventions.

Allegations Against ‘Divisive Forces’ Using Judiciary

Dhankhar also accused divisive forces of using legal platforms to push their agenda. He remarked, “They have adopted new paths, and on many issues, you will see them turning to the judiciary.”

He further elaborated on how “money has been used to fuel anti-national sentiments”, leading to court cases being filed strategically to create unrest. He warned that this is not happening in any other country to the extent it is in India.

Legal and Political Implications of Dhankhar’s Remarks

Dhankhar’s strong criticism of judicial involvement in executive appointments is expected to spark debates within legal and political circles. His remarks reflect growing concerns within the government about judicial overreach and the need to redefine the separation of powers between the executive, legislature, and judiciary.

His statement comes amid a broader conversation about the balance of power in India’s democracy. Over the years, several Supreme Court verdicts have influenced executive decisions, leading to tensions between the government and judiciary.

Opposition Reactions and Political Impact

The Opposition parties, including the Congress, have criticized Dhankhar’s remarks, arguing that the judiciary plays a crucial role in ensuring transparency in executive appointments. They argue that the judiciary acts as a check on the executive's power, ensuring democratic values are upheld.

However, the BJP and its allies have supported Dhankhar’s stance, claiming that the judiciary should not interfere in matters of governance and executive appointments.

Conclusion

Vice President Jagdeep Dhankhar’s remarks on the Chief Justice of India’s role in the selection of the CBI Director have ignited a critical debate on the separation of powers in India’s democracy. He has called for a re-evaluation of statutory prescriptions that involve the judiciary in executive appointments, arguing that such practices do not align with democratic principles.

His remarks also come in the backdrop of the upcoming selection of the Chief Election Commissioner (CEC) and concerns over judicial interventions influencing national governance.

As the political discourse unfolds, Dhankhar’s statements are likely to trigger further discussions on the role of the judiciary in India’s governance structure and whether changes should be made to the current statutory framework governing executive appointments.

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