New Delhi, April 17: Vice President Jagdeep Dhankar underscored the crucial role of the rule of law in shaping the direction of a democratic nation, highlighting that the “purity” of the criminal justice system defines its trajectory. Speaking to the 6th batch of Rajya Sabha interns at the Vice-President’s Enclave, Dhankar stressed the importance of a transparent and accountable legal system.
“In a democratic nation, the purity of its criminal justice system defines its direction,” Dhankar said. He pointed out that for any criminal investigation to begin, the law mandates the registration of a First Information Report (FIR) for every cognizable offense. He emphasized that failure to report a cognizable offense is itself a crime, raising questions about the recent controversy involving cash discovered at the residence of a Delhi High Court judge.
The Vice President further explained that an FIR can be filed against anyone, including constitutional functionaries, but when it comes to judges, an FIR cannot be registered directly. “If it is a judge, their category requires approval from the concerned judiciary before an FIR can be filed. But this approval is not provided for in the Constitution,” Dhankar remarked, expressing concern about the immunity judges enjoy, which prevents immediate registration of an FIR against them.
Dhankar raised questions about this judicial immunity, emphasizing that only the President and Governors are constitutionally granted immunity from prosecution, and thus, judges should not be above the law. “The ill effects of this are being felt in the minds of one and all. Every Indian, young and old, is deeply concerned,” he stated.
The Vice President also highlighted a significant legal case from January 2025, where the Lokpal bench ruled that it had the jurisdiction to investigate corruption complaints against High Court judges. However, this investigation was stayed on the grounds of judicial independence, which Dhankar clarified should not shield individuals from scrutiny or accountability. “Independence of the judiciary is not a protection, not an impregnable cover against enquiry, investigation, or probe,” he said, emphasizing that transparency and scrutiny are essential for institutions to thrive.
Dhankar concluded by asserting that no institution or individual should be guaranteed immunity from inquiry, as such protection only leads to degeneration.
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