Days after a landmark Supreme Court judgment that effectively set a deadline for the President and Governors to clear Bills, Vice-President Jagdeep Dhankhar has used strong words for the judiciary, saying that we cannot have a situation where courts direct the President. He also said that Article 142 of the Constitution, which gives the Supreme Court special powers, "has become a nuclear missile against democratic forces, available to the judiciary 24×7". Rajya Sabha MP and senior lawyer Kapil Sibal has now strongly criticised Jagdeep Dhankhar’s comments on the Supreme Court’s ruling regarding the powers of the President and Governors. The court had ruled that the President must act within a reasonable time on bills and struck down the Tamil Nadu Governor’s indefinite withholding of state legislation. Now, Mr Sibal has argued that governors and the President are constitutionally bound to act on the aid and advice of the council of ministers, and delaying or withholding bills undermines the legislature’s supremacy. Is Dhankhar’s analogy of Article 142 being a "nuclear missile against democratic forces" a fair characterisation? And what checks, if any, should exist on the Supreme Court’s use of Article 142? And the larger question – is there really a blurring of lines that is happening when it comes to the separation of powers?
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