Close down Parliament if Supreme Court has to make Law: BJP MP Nishikant Dubey
BJP MP Nishikant Dubey sparked controversy on April 19, 2025, by criticizing the Supreme Court of India, stating that if the Supreme Court has to make laws, then there is no need for Parliament, and Parliament should be shut down. He made these remarks amid the Supreme Court’s ongoing hearing on the constitutionality of the recently enacted Waqf (Amendment) Act, 2025.
Dubey accused the Supreme Court of judicial overreach, alleging that it was striking down laws passed by Parliament and even directing the President, who appoints Supreme Court judges. He emphasized that law-making is the exclusive domain of Parliament under Article 368 of the Constitution, while the court’s role is limited to interpreting laws. He questioned how the court could give directions to the President and accused the Supreme Court of acting as a “third chamber” that rewrites laws.
Dubey also blamed the Supreme Court for inciting religious wars in the country, contrasting the court’s approach in different religious matters and alleging bias. He cited past Supreme Court decisions such as the decriminalization of homosexuality and the scrapping of Section 66(A) of the IT Act as examples of overreach. He claimed the court was taking the country towards anarchy and interfering excessively in legislative and executive functions.
The BJP leadership distanced itself from Dubey’s remarks, calling them personal statements and not representative of the party’s stance. BJP national president JP Nadda stated that the party respects the judiciary and its orders as an integral part of democracy and instructed Dubey and others not to make such statements in the future. Other BJP leaders also clarified that no one can challenge the President’s assent to laws and defended the constitutional roles of the legislature and judiciary.
Dubey’s comments drew criticism from opposition leaders and legal experts. Congress leader Salman Khurshid expressed sadness over an MP questioning the Supreme Court’s authority, while senior advocate Vikas Singh highlighted the constitutional process involving the President’s assent to laws. Congress MP Manickam Tagore called Dubey’s remarks defamatory and unacceptable. The comments also sparked calls for contempt proceedings against Dubey.
This controversy reflects ongoing tensions between the judiciary and some political leaders over the balance of powers in India, especially regarding judicial review and the role of the Supreme Court in checking legislation.
BJP MP Nishikant Dubey said Parliament should be shut if the Supreme Court makes laws, accusing it of judicial overreach and inciting religious wars.
He criticized the Supreme Court for striking down laws and directing the President, arguing law-making is Parliament’s prerogative under Article 368.
BJP leadership distanced itself from Dubey’s remarks, affirming respect for the judiciary.
Opposition and legal experts condemned Dubey’s statements as undermining the judiciary.
The remarks came amid Supreme Court hearings on the Waqf (Amendment) Act, 2025.
This episode highlights the delicate balance between the branches of government in India and the controversies around judicial activism.
