Address by Shri Jagdeep Dhankhar, Honourable Vice President at the Platinum Jubilee Celebrations of the Rajasthan High Court in Jodhpur on August 10, 2024.

Jodhpur, Rajasthan | August 10, 2024

Judicial system of a Nation and its functionality define its democratic vibrancy. An independent robust justice system is quintessential to any shape of governance as this is lifeline of life as such.

The High Court and that of its Chief Justice is spinally fundamental to justice delivery and any dilution, perceptional or otherwise, would weaken Judiciary as pillar of our democracy.

The three pillars of democracy- the legislature, executive, and the judiciary undoubtedly and constitutionally have critical role. In this premise, Doctrine of separation of powers needs scrupulous adherence.

We have from knowledge and wisdom of history, It is embedded deeply in our civilisational ethos of thousands of years. Power, authority in an individual or an Institution is optimally productive while those at the helm of affairs are cognisant of limitations and tampering it with morality and propriety.

These institutions, I am referring to three pillars of our democracy, These institutions if rendered vulnerable would imperil our democracy and thereby derail our developmental trajectory. There are forces, inimical to our nation, operating from within and without, have pernicious agenda, sinister designs that are not easy to instantly discern. We might be welcoming them in any of these three institutions without knowing their real intention thinking they are our well-wishers.

Fact, the distinguished audience is otherwise. I must invite your attention and they were to infuse a narrative that what happened a few days ago in our neighborhood is bound to happen in Bharat is deeply concerning.

I just invite your attention, endeavours to infuse a narrative that what happened few days ago in our neighbourhood is bound to happen in our Bharat, is deeply concerning.

How can a citizen of this country having been in Parliament. One belonging to distinguished legal fraternity, the other seen enough of Indian Foreign Service. Both had the occasions to hold the positions of critical consequence in governance as Ministers take no time in saying what happened in Neighbourhood will happen in India. Be on watch out.

One of the operational mechanism of these anti national forces and this is now more then operate, they operate to hide or legitimise their actions using platforms of our fundamental constitutional institutions.

Our institutions are exploit here by these forces to set afloat narrative that are not only anti-National but aimed at derailing the nation is the democracy.

Let's work looking through one prism where we always see our Nation first. National interest can't be calibrated, it is the supreme precedence, the only precedence and we are committed to Nation being first before anything else.

Let us work to insulate our institutions from these nefarious designs that seek to destroy our democracy and if they manage to make some inroad, don't observe silence, neutralise them.

Because your silence will resonate in the ears of future generations, and they will say what our forefathers were doing. Could they not rise to the occasion mentally and otherwise?

India takes pride in nurturing a robust independent judiciary that has ever been in aid of sustaining and blossoming democratic values. With one painful exception, and we should never forget that exception, and that was during the draconian darkest period of our history since independence - the emergency proclaimed by then Prime Minister Smt. Indira Gandhi in June 1975.

Distinguished audience, we are a part of a very elevated Institution of judiciary but at that time, then the Judiciary at the pinnacle, the formidable citadel of basic rights of citizens, yielded to the brazen dictatorial regime of the then Prime Minister Shrimati Indira Gandhi.

And what it led to? Lakhs were put behind bars, subjected to indignities. Many of them became Prime Ministers of this country, Governors, Ministers and contributed in various fields and contributed in various fields and continue to contribute. It will be absolutely unbecoming of any citizen of this country to forget that dark period.

The highest court ruled and what it ruled? No one can move any court for enforcement of rights as long as the emergency lasts. You are distinguished members of legal fraternity or some of you part of the bench.

This was the ruling. No one can move any court for enforcement of rights as long as emergency lasts and next, emergency can last as long as the government wishes.

Liberty was hailed to ransom of an individual. Apex court ruled, Those arrested thousands in number across the country without any fault of theirs except at heart they had Nationalism, except that at heart they believed in Bharat Ma!

Barred from seeking any judicial help, what is more important is, in doing so, the apex court overturned the verdicts of 9 High Courts of the country, and in that illustrated list of 9 High Courts, this court figures. I am indeed proud to be a part of this Institution. During emergency, this Institution held its ground.

The High Court of Judicature for Rajasthan holds a place of pride being amongst the Nine High Courts in the country that held despite the imposition of emergency a person could demonstrate that his or her detention, arrest was not in compliance with the Rule of Law.

Younger people are not aware of it. Make sure every Indian of any age, particularly impressionable minds, come to fully know these developments.

Eternal vigilance is the price of freedom. This vigilance must be dictated by your in-depth knowledge of the suffering of lakhs of people in this country during the draconian period of emergency imposed by one individual, the Prime Minister of India, then Smt. Indira Gandhi.

Imagine for a moment, if the judiciary at the highest level had not caved in, had not capitulated to unconstitutional mechanisms, had not yielded to present dictatorship of Smt. Indira Gandhi, there would have been no emergency. Our nation would have attained a greater development much before. We would not have to wait for decades.

Similarly, this year the Government is hold to observe the 25th June as Samvidhaan Hatya Diwas as a reminder of what happened when constitution of India was trampled over recklessly trampled over by one individual not the Council of Ministers no part of the constitution was complied.

The role of all Institutions is well delineated in our constitution. What is the role of legislature is known to one and all. What is the role of judiciary? What is the role of executive is known to us?

On a lighter note, let me reflect. Legislature and Parliament cannot script judgments. We sitting in Parliament or people sitting in legislature have no authority to script judicial verdicts. Similarly, I can say with confidence, judiciary cannot make laws or legislate or impart directives that are beyond legislations.