Ex SCBA President urges PM Modi to rein in BJP leader's remark on judiciary

Dubey had reportedly said, "If the Supreme Court has to make laws, then Parliament should be shut down," a statement that has drawn sharp reactions from the legal community. Dr. Aggarwala, who is also a Senior Advocate and former President of the Supreme Court Bar Association, termed the comment "stunning" and cautioned that such remarks from ruling party leaders can "erode public trust in the judiciary."

Referring to the Supreme Court's landmark 2023 judgments in State of Punjab vs. Principal Secretary to Governor of Punjab and State of Tamil Nadu vs. Governor of Tamil Nadu, Dr. Aggarwala clarified that the Court had acted within constitutional bounds by prescribing a reasonable three-month timeframe for Governors and the President to take a decision on Bills, in the absence of any specific timeline under Articles 200 and 201 of the Constitution.

"These rulings are not an instance of judicial overreach," he stated. "The Court did not issue any directions to the Head of State or the Head of the Nation but only held that delays beyond three months would amount to deemed assent."

Dr Aggarwala reminded that if the Government disagrees with the timeframe set by the Court, it retains the sovereign power to legislate and amend existing provisions. "There may be a difference of opinion regarding the time limit, but the appropriate course of action is legislative amendment--not public criticism," he wrote.

Lauding the government for its past respect toward the judiciary, Dr. Aggarwala urged the Prime Minister to advise party members against making public comments that "undermine the foundational balance of powers established by the Constitution" and "hamper the cordial relationship between the Judiciary and the Executive."

The letter concludes with an appeal to preserve the dignity of democratic institutions and maintain public faith in the Indian judicial system. (ANI)