S.N. Sahu 
It is quite extraordinary that Jagdeep Dhankar, as the occupant of the exalted office of the vice-president and chairman of the Rajya Sabha, persistently makes articulations against the Constitution, democracy, elections, role of opposition parties and even Supreme Court judgements that are held to be the law of the land.
His most recent statement, while addressing the inaugural session of a conference of chartered accountants in Jaipur, was that some regions undergoing alteration of demography have become “political fortresses”, and so democracy and elections there have lost all meaning as the electoral outcomes in those areas have become foregone conclusions. Dhankar went on to remark that, unless dealt with in a systematic manner, such demographic changes would pose an existential challenge and would have no less severe consequences “than a nuclear bomb.”
“We, as a majority, are all-embracing. We, as a majority, are tolerant” he said, drawing a comparison with the ‘other kind of majority’ that was “brute, ruthless, reckless in its functioning, trampling on the values of the other side.”
This condemnation of the so-called demographic changes is nothing but a dog whistle to target a section of our citizens on the grounds of their faith and religious creed. His remarks, that demographic alterations produce pre-determined electoral outcomes, not only contradict his avowed celebration of majoritarianism, but also brings out his worldview that negates constitutional values.
On September 27, while addressing the inaugural ceremony of the ‘Hindu Spiritual and Service Fair’ in Jaipur, Dhankhar looked at the Constitution from the perspective of one religion and claimed “…the values enshrined in the Constitution reflect the essence of Sanatana Dharma” which he described as the only path forward for humanity.
The legislative intent of the Constituent Assembly, expressed in its debates, affirm the vision of the framers of the Constitution who never defined it based on a specific religion. Dhankar’s statement linking Sanatan Dharma with the Constitution is an attack on the Constitution and the vision of B.R. Ambedkar, who, in his book Annihilation of Caste wrote, “…the Hindus must consider whether the time has not come for them to recognise that there is nothing fixed, nothing eternal, nothing Sanatan; that everything is changing, that change is the law of life for individuals as well as for society. In a changing society, there must be a constant revolution of old values; and the Hindus must realise that if there must be standards to measure the acts of men, there must also be a readiness to revise those standards”.
On January 12 last year, Dhankar, while speaking at the 83rd Presiding Officers’ Conference, made another controversial remark. He said that the 1973 Supreme Court’s Kesavananda Bharati judgement, allowing the parliament to amend the Constitution but not its basic structure, “set a wrong precedent.”
He said so while expressing his disapproval of the Supreme Court’s judgement declaring the National Judicial Appointments Commission (NJAC) Act as unconstitutional as it violated the basic structure of the Constitution. In rejecting the basic structure doctrine, Dhankar, who took an oath of office bearing allegiance to the Constitution, violated the same oath.
Such an open and direct attack on the Constitution by him was addressed – without naming Dhankar – by Chief Justice of India D.Y. Chandrachud. While delivering the 18th Nani Palkhivala Memorial Lecture in Mumbai on January 22, 2023, he said, “The basic structure of our Constitution, like a North Star, guides and gives direction to those who interpret and implement it when the path ahead is convoluted.” While Dhankar proclaimed supremacy of the parliament in rejecting the basic structure, Chandrachud remarked, “…the basic structure or the philosophy of our Constitution is premised on supremacy of the Constitution, the rule of law, separation of powers, judicial review, secularism, federalism, freedom and dignity of the individual and unity and integrity of the nation”.
Such repeated and deliberate statements against the Constitution by Dhankar are unprecedented in the history of our parliament.
Even his diatribes against the opposition in the Rajya Sabha this year, when it staged a walk out from the House, shocked many. The opposition did so in protest against Dhankar’s remarks against Jaya Bachchan, a Member of the House and he charged them with intending to destabilise the entire nation.
In February 2023, Dhankar, among others, expunged remarks by some opposition leaders that linked Prime Minister Narendra Modi with business tycoons Gautam Adani and Mukesh Ambani, and referred to the Committee of Privileges the issue concerning the disturbance of the proceedings of the House by some other opposition MPs. The Indian Express in its editorial following the incident scathingly observed, “By engaging in what looks like a partisan political exercise against the Opposition, VP Dhankar undermines the parliament, his office.” That Dhankar’s conduct attracted such a sharp editorial comment is an indicator of the standard he set while discharging his responsibilities as a presiding officer.
Added to the saga of his infamous remarks is his latest observation that the trend of students going abroad to pursue education represents a “new disease” afflicting them. Apart from his condemnable comments, this observation explodes in his face because his own daughter is studying abroad.
The day Dhankar was sworn in as vice-president on August 6, 2022 my article “To Be a Fair Vice President, Jagdeep Dhankhar Need Only Look at Bhairon Singh Shekhawat” was published in The Wire. It would be good for Dhankar to revisit that legacy to uphold the dignity and stature of the office he occupies.
S.N. Sahu served as officer on special duty to former President KR Narayanan.
This piece was first published on The India Cable – a premium newsletter from The Wire & Galileo Ideas – and has been updated and republished here. To subscribe to The India Cable, click here.