Alok Singh
On 7th July 2025, the Vice-President of India, Jagdeep Dhankhar, criticised the judiciary for having a say in the appointment of the Chief Justice of India (CJI) in the appointment of the Director of the Central Bureau of Investigation (CBI).
The procedure for the appointment of the CBI director is laid down under Section 4 of the Delhi Special Police Establishment Act (DSPE). The CBI directors are appointed by a high-powered selection committee, and this provision was added after the amendment of the DSPE Act by the Lokpal and Lokayuktas Act, 2013. This committee comprises the Prime Minister, the Leader of Opposition, and the Chief Justice of India or any judge of the Supreme Court nominated by him.
Dhankhar questioned whether it was appropriate to involve the judiciary in executive appointments, arguing that it violates the constitutional doctrine of separation of powers and weakens the mandate of the elected government. He expressed disbelief over the CJI having a say in appointing an official like the CBI Director, asking whether such a practice aligns with constitutional norms or exists in other democracies.
Speaking at NUALS Kochi, Dhankhar raised concerns over judicial overreach and the blurring of boundaries between the judiciary, executive, and legislature. He urged law students to write critically on such constitutional issues, encouraging active civic engagement.
In reference to the cash recovered from a judge, he described it as the judiciary’s own “Ides of March.” He questioned the lack of an FIR and emphasised that all crimes must be investigated equally under the rule of law. He pointed out that the Supreme Court’s 1990s decision hindered executive action in this case and warned that incidents like these, if left unchecked, undermine public trust in the judiciary.
He also criticised post-retirement appointments for judges, calling it a form of selective patronage that threatens judicial impartiality.
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