VP Jagdeep Dhankhar Stresses Respect for Article 145(3) in Constitutional Interpretation

By A Staff Reporter

Bhopal: Vice-President Jagdeep Dhankhar on Wednesday underscored the significance of Article 145(3) of the Constitution, emphasizing that constitutional interpretation must align with the intent of the founding fathers. Speaking at the National Judicial Academy in Madhya Pradesh's Bhopal, he recalled his tenure as Parliamentary Affairs Minister in 1990, drawing comparisons between past and present judicial structures.

"When I became a parliamentary affairs minister in 1990, there were eight judges in the Supreme Court. More often than not, all the eight judges sat together. Under Article 145(3), there was a stipulation that the interpretation of the Constitution would be by a bench of five judges or more," Dhankhar noted.

Highlighting the expansion of the Supreme Court, he remarked that despite the number of judges increasing more than fourfold, the five-judge requirement under Article 145(3) remains unchanged. He suggested that the original intention behind this provision was to ensure that constitutional interpretation reflects the majority opinion of the highest court.

"You interpret what is interpretable. In the guise of interpretation, there can be no arrogation of authority," Dhankhar asserted, cautioning against judicial overreach. He reiterated that the spirit of the Constitution must be upheld, ensuring that judicial interpretations remain true to the vision of India's founders.