VP Dhankhar Urges Probe into Cash-at-Judge Scandal, Warns of Judicial Crisis

In a powerful and thought-provoking address at the National University of Advanced Legal Studies (NUALS), Vice-President Shri Jagdeep Dhankhar delved deep into pressing issues concerning the Indian judiciary, constitutional integrity, democratic accountability, and the doctrine of separation of powers. Speaking before an attentive audience of students and faculty, Shri Dhankhar did not shy away from voicing his concerns, especially in light of a recent incident involving large amounts of unaccounted cash allegedly found at a High Court judge’s official residence.

“The Citadel Is Tottering”: Alarming Concerns Over Judicial Integrity

Referring to what he termed as the "Ides of March" moment for the Indian judiciary, Shri Dhankhar described the night of March 14–15, 2025, as a deeply disturbing juncture, drawing parallels with the betrayal in Shakespeare’s Julius Caesar. “Our judiciary had its Ides of March,” he remarked, referencing the recovery of massive sums of cash from a judge’s residence — a revelation later acknowledged by the Supreme Court itself.

He questioned the lack of criminal proceedings thus far:

“Several penal provisions are violated in the process. I do hope an FIR will be registered… because for democracy it matters.”

The Vice-President emphasized that while constitutional mechanisms can be invoked, investigations and accountability must be pursued to preserve public faith in the judiciary. “The citadel is tottering,” he warned, highlighting the dangers of inaction and opacity in dealing with institutional corruption.

Defending Judiciary, But Not Shielding Misconduct

Despite his stern critique, Shri Dhankhar underlined his support for judicial independence and protection of judges. He acknowledged the difficulties judges face in ruling against the executive and the legislature. However, he firmly drew a line at misuse of power:

“We must protect our judges from frivolous litigation… But when something like this [the cash recovery] happens, it is worrisome.”

He applauded the recent efforts by the current Chief Justice and his predecessor to restore judicial credibility through reforms that emphasize accountability and transparency. “The last two years were challenging,” he said, “but now we are seeing a course correction.”

Critique of Post-Retirement Appointments: “Patronage Impairs Judiciary”

Shri Dhankhar also voiced his disapproval of post-retirement assignments for judges, arguing that this undermines judicial neutrality and introduces bias. Comparing judges with constitutional authorities like the CAG and Election Commissioners, who are barred from holding post-retirement government positions, he questioned the rationale behind offering posts to select judges.

“Not all can be accommodated. When there is pick and choose, there is patronage. It is seriously impairing our judiciary.”

The Preamble and the Shadow of Emergency: A Call for Introspection

In a historical reflection, the Vice-President turned to the 42nd Constitutional Amendment, which altered the Preamble during the Emergency era (1975–77), calling it a period of “darkness” in Indian democracy. He likened the Preamble to parenthood — unchangeable and sacred — and urged students to question how such critical changes occurred when fundamental rights were suspended, and thousands jailed.

He criticized the infamous ADM Jabalpur case, where the Supreme Court failed to uphold citizens' rights during the Emergency, despite nine High Courts ruling in favor of civil liberties.

On the Doctrine of Separation of Powers: Each Pillar Must Stay Within Bounds

Highlighting the essence of constitutional harmony, Shri Dhankhar urged adherence to the doctrine of separation of powers. He cautioned that overlap between judiciary, executive, and legislature could lead to dangerous consequences.

“Each institution is supreme in its own sphere… If one makes an incursion into the domain of the other, it can upset the apple cart.”

He cited the appointment of the CBI Director, which involves the Chief Justice of India, as an example of executive functions being influenced by non-executive authorities. He asked, “Why should an appointment of the executive be made by anyone else other than the executive?”

Distinction in Oaths: Presidents and Governors Hold Greater Constitutional Responsibility

Another poignant point in the Vice-President’s speech was the unique constitutional oath taken by the President and Governors, compared to other functionaries like the Prime Minister, Vice-President, and Chief Justices.

While most constitutional authorities swear to “abide by the Constitution,” only the President and Governors pledge to “preserve, protect, and defend” the Constitution, he explained. This, he said, entrusts them with a higher level of responsibility and provides them with immunity from prosecution while in office.

He commended Shri Rajendra V. Arlekar, Governor of Bihar, for upholding the dignity and impartiality of the gubernatorial office, despite criticism and pressures.

A Clarion Call to Law Students: Courage, Ethics, and Responsibility

Closing his address, the Vice-President exhorted law students to develop the courage to confront institutional failures, rather than rationalizing them.

“You will be architects of a world that lives in peace and harmony. But first, you must have the courage to confront uncomfortable truths within our own institutions.”

Through this address, Shri Jagdeep Dhankhar brought to the fore a critical and honest assessment of India’s democratic institutions, urging citizens — especially the youth — to engage in constitutional thought, fearless dialogue, and principled leadership.