New Delhi

Rajya Sabha Chairman Jagdeep Dhankhar will on Tuesday hold discussions with the floor leaders of various parties on the alleged discovery of cash from the official residence of a Delhi High Court judge. 

The issue of discussion was raised in the Rajya Sabha earlier in the day. Leader of Opposition (LoP) Mallikarjun Kharge requested the Chairman to hold a discussion on this matter with all floor leaders of the Rajya Sabha. In response, the Chairman informed that he has accepted the suggestion made by the LoP.

Kharge had also suggested this during a meeting with the Chairman on Monday.

On Tuesday, the Chairman informed the House that he would meet and discuss the matter with leaders of various parties in his chamber.

Chairman Dhankhar said, “I am sure we will have a very fruitful interaction and find a way out because legislature and judiciary perform optimally when they perform best in their respective realm. I do not wish to be judgmental on any issue but one thing which has found widespread acceptability in the country is that the entire material available with the Supreme Court has been shared with the people at large and the constitution of a committee... with that speed I'm sure things will be available to us.”

Dhankhar said it was the right time to reiterate the National Judicial Appointments Committee (NJAC) Act, which was declared unconstitutional by the Supreme Court in 2015. “This House, keeping dignity in mind, demonstrating dignified conduct, unanimously created a legal system in 2015, and that constitutional structure that emanated unanimously with one abstention from the Parliament and endorsed by state legislatures should be the rule of law because it was sanctified by the Hon'ble President by appending signatures under Article 111. Now is the befitting occasion for all of us to reiterate that because that was a visionary step endorsed by Parliament. And imagine if that had taken place, things would have been different,” he said.

The Chairman said, “Hon’ble Members of Parliament, I seek your suggestions on one very important point. What emanated from the Indian Parliament as a historic development with rare convergence of unity since Independence found acceptance by needed State Legislatures. We need to reflect on what happened to that. Under the Constitution, there is no provision that allows anyone to tinker with that. There is no constitutional provision for review or appeal of a constitutional amendment. If there is legislation in the country by parliament or state, judicial review can take place…., whether there is conformity with constitutional provisions. Now, before the nation, there are two situations, one, what emanated from the Indian Parliament, duly endorsed by State Legislatures, sanctified by the Hon’ble President by appending signatures under Article 111, and second, is a judicial order. Now, we are at a crossroads," he said.

"I strongly urge members to reflect. There can be no breach by any institution of what emanated from the parliament, endorsed by legislatures. And that should again, I reiterate, be the mechanism holding the field. It is time for us, having seen such an extraordinarily painful scenario… Innocence is something which we take at a very high level till someone is proven guilty. Members would think and therefore, steps taken by me with the benefit of wise counsel and experience of Leader of the Opposition and Leader of the House...," the Chairman said.

"So, we will come back to the House on this very critical important issue, that concerns much beyond judicial mess. It concerns the sovereignty of Parliament, the supremacy of Parliament, and whether we are at all relevant. If we effect an amendment in the Constitution, and that is not executable. If a constitutional amendment is not executable, I have no doubt the Parliament is possessed of the power. Any power...in any institution to ensure what emanated from the Indian Parliament, sanctified by a requisite number of State Legislatures, holds the field," he added.

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Dhankhar said, “Hon'ble Members, I had the benefit yesterday of the wise counsel, experienced counsel of the Leader of the House and Leader of the Opposition who were gracious enough to respond to my invitation for interaction on this very critical issue that is agitating minds in all branches of governance. The issue undoubtedly is serious enough. We three of us together took note of the developments and also took note of the healthy development that for the first time in an unprecedented manner, the Chief Justice of India took the initiative to put everything in the public domain but then a suggestion emanated from Leader of the Opposition and agreed by Leader of the House that the issue needs to be deliberated at my instance with the floor leaders...”