Addressing Rajya Sabha interns, Dhankhar emphasised that the legislature, judiciary, and executive must operate within their constitutionally defined boundaries to maintain democratic integrity. He characterised any judicial intrusion into legislative affairs as a "constitutional aberration" and stressed the need for structured interactions among the three branches to prevent public disputes.
The Supreme Court's recent judgment addressed delays in gubernatorial assent to state legislation. The court mandated that the President decide on bills referred by governors within three months, citing the Tamil Nadu Governor's prolonged withholding of assent to ten bills as "illegal and arbitrary." The court clarified that Article 200 of the Constitution does not permit indefinite delays, and bills re-presented to the governor must receive assent unless substantially altered.
This ruling has intensified discussions on the separation of powers. Dhankhar has previously criticised the judiciary's annulment of the National Judicial Appointments Commission Act, viewing it as a significant compromise of parliamentary sovereignty. He advocates for a clear demarcation of responsibilities among government branches to uphold democratic principles.
Senior Supreme Court advocate Mahesh Jethmalani supported Dhankhar's stance, highlighting the constitutional duty of the President and Vice-President to uphold legislative supremacy. He expressed concern over judicial overreach into legislative processes, warning of potential disruptions to the balance of power.
The Supreme Court has also issued notices to the Centre and the secretaries of the governors of Kerala and West Bengal regarding delays in granting assent to state bills. These actions reflect ongoing tensions between state governments and governors over legislative approvals.