Vice President Dhakar Criticizes Senior Advocates in Rajya Sabha for Insufficient Input in Lawmaking

Vice President Jagdeep Dhankhar criticized Rajya Sabha members with legal backgrounds for neglecting their constitutional duties and evading legislation making. He expressed disappointment that senior advocates like P Chidambaram and Kapil Sibal rarely attend Parliament's early sessions. Dhankhar lamented the lack of participation in legal matters, highlighting the absence of their contributions to recent legislation. He also raised concerns about the "old boys club" in India's arbitration system and the overuse of Article 136 for appeals to the Supreme Court.

Vice President Jagdeep Dhankhar on Monday expressed pain that some Rajya Sabha members with legal background were ''running away'' from their constitutional ordainment and not contributing to legislation making.

Dhankhar, who is also the chairperson of the Rajya Sahba, said that he would ''never'' see them in the Upper House of Parliament at least in the early part of the day on Mondays and Fridays.

The Lok Sabha and Rajya Sabha start functioning from 11 am when Parliament is in session.

In the Supreme Court, Mondays and Fridays are designated as ''miscellaneous days'' when a lot of cases, including new ones are listed for hearing.

''I express my anguish and pain that Rajya Sabha has gifted senior advocates as members. I wish they would contribute to legislation making,'' Dhankhar said at an event here.

He said the House has senior advocates P Chidambaram, Kapil Sibal, K T S Tulsi, Abhishek Singhvi, Vivek Tankha as members. ''I wish they had spared time to participate in the proceedings of the Upper House, the House of Elders. I wish they had discharged their constitutional ordainment,'' Dhankhar said.

The vice president said there was a lack of participation by legal luminaries who were ''running away'' from their constitutional ordainment and not discharging their public duties.

He said this while referring to the Bharatiya Nyaya Sanhita Act, the Bharatiya Nagarik Suraksha Sanhita Act and the Bharatiya Sakshya Act which were enacted by Parliament recently. On an earlier occasion, Dhankhar had said that the legal luminaries could have contributed more when these Bills were being discussed by the Rajya Sabha. Referring to the alternative dispute redressal mechanism in the country, the vice president referred to the concern expressed by Chief Justice of India D Y Chandrachud that the arbitration space in India resembles an ''old boys club'' and that nowhere in the world is arbitration in such a ''tight fist'' control by former judges as in India.

Dhankhar said there is a perception that the Indian alternative dispute settlement mechanism adds ''one more tier'' to the national litigation ladder system.

He said there is a strong urge and tendency to invoke Article 136 of the Constitution which was meant for a ''narrow slit window''. But now the wall is demolished and it is being invoked massively, Dhankhar said.

Article 136 deals with the special leave to appeal by the Supreme Court. It means that the Supreme Court is authorised to grant in its discretion special leave to appeal from any judgement in any matter passed by any court or tribunal in the territory of India (except military tribunal and court-martial).

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