BJP MP Nishikant Dubey accuses Supreme Court of driving the country towards anarchy, says Parliament should be shut down if the court makes laws

After Vice President Jagdeep Dhankhar’s open criticism of the Supreme Court, now BJP MP Nishikant Dubey as hit out at the Apex Court, accusing it of interfering with the functioning of the legislature. In a sarcastic statement, Dubey said that Parliament should be closed down if the Supreme Court were to make laws.

Dubey posted his remarks on X on Saturday (19th April): “If the Supreme Court makes the law, then the Parliament House should be closed.” His comments came in the context of the recent Supreme Court judgment, where the court prescribed a time limit to be followed by the President and the Governor in the exercise of their powers to grant or refuse assent to a Bill passed by a state legislature.

Supreme Court overstepping its constitutional powers

The Godda MP accused the Apex Court of transgressing the limits of its Constitutional power in striking down the laws passed by the Parliament and inciting religious wars in the country. Referring to the Supreme Court’s decision with respect to section 377 of the Indian Penal Code, Dubey alleged that the court nullified the provision and legalised homosexuality, while all the religions consider it a crime.

He added that even US President Donald Trump passed a law to declare that there are only two genders. He said that we (Parliament) brought the IT Act to stop women and children’s pornography, but the Supreme Court struck down section 66A of the Act. “If one has to go to the Supreme Court for everything, then Parliament and the State Assembly should be shut,” said Dubey.

“I have studied Article 141 in detail. It says that the law we (Parliament) make is applicable from the lower court to the Supreme Court. Article 368 says that under the Constitution of this country, the Parliament has the right to make all laws. The Supreme Court is telling the President, the Governor what work to do in three months. This country is the tradition of Ram, Krishna, Sita, Radha, Sanatan, etc. When there is a matter of Ram temple, you say show the papers. They ask for papers in Gyanvapi, Mathura, but on the mosques built after the Mughals, they say where will you show the papers from?” he added.

Supreme Court driving the country towards anarchy, says Dubey

Using strong words to criticise the Apex Court, Dubey alleged that the Supreme Court is driving the country towards a state of anarchy. He questioned the Court for prescribing a time limit on the President and the Governor’s Constitutional powers, which is not envisaged under the Constitution. “How can you give direction to the appointing authority? The President appoints the Chief Justice of India. The Parliament makes the law of this country. You will dictate that Parliament?… How did you make a new law? In which law is it written that the President has to make a decision within three months? This means that you want to take this country towards anarchy. When the Parliament sits, there will be a detailed discussion on this…,” Dubey remarked.

Dubey said that the government will introduce the National Judicial Appointment Commission (NJAC) in the next session of the Parliament to get rid of nepotism in the appointment of judges to the Supreme Court.

Dubey also held Chief Justice of India, Sanjiv Khanna, responsible for the “civil wars” happening in the country after Trinamool Congress (TMC) leader Kalyan Banerjee demanded the resignation of BJP leader and Chairman of the Joint Parliamentary Committee on the Waqf Bill, Jagdambika Pal.

The Supreme Court has been receiving flak from political quarters after the controversial judgment. Recently, Vice President Dhankhar accused the Supreme Court of transgressing the boundaries of its power and interfering with the work of the legislature and the executive. He said that the Court was using the Constitutional provisions like a ‘nuclear missile’ to override the democratic process.

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