Close down Parliament if Supreme Court has to make law: BJP MP Nishikant Dubey
Fourth-term BJP MP Nishikant Dubey, one of the more vocal party members in the Lok Sabha, launched a broadside against the Supreme Court on Saturday, saying Parliament and state Assemblies should be closed down if the apex court has to make the laws.
He first made a terse post in Hindi on X and later, in remarks to PTI, accused the court of arrogating to itself Parliament’s legislative powers by striking down laws passed by the legislature and even giving directions to the President who, Dubey noted, is the appointing authority of Supreme Court judges.
“Kanoon yadi Supreme Court hi banayega to Sansad Bhavan bandh kar dena chahiye,” the BJP MP said on X. His comment came following the Centre’s assurance to the court that it would not be implementing some of the contentious provisions of the Waqf (Amendment) Act till the next day of hearing after the court raised questions over them.
It is hearing several pleas challenging the constitutionality of the Act, which was passed by Parliament in the first week of this month.
Dubey appeared to question the court’s critical observations on the Act’s dilution of the “Waqf by use” provision, saying it has sought documentary proof in cases involving temples, including Ram Mandir in Ayodhya, but has chosen to ignore the similar need in the ongoing case.
Citing Article 368 of the Constitution, he said that law-making is the job of Parliament, and the Supreme Court is meant to interpret the laws.
The court can order the government but not Parliament, he asserted.
Dubey cited the court’s earlier decisions to decriminalise consensual homosexuality, which was covered under Section 377 of the erstwhile Indian Penal Code, and to strike down Section 66(A) of the IT Act to target its alleged overreach.
He claimed that the court decriminalised homosexuality despite all religions considering it wrong and that Section 66(A) was required to curb the increasing misuse of online platforms to send objectionable contents.
Dubey, an MP from Godda in Jharkhand, is often in the vanguard of the BJP’s political attacks on its rivals in the Lok Sabha and in articulating the ruling party’s stand on various issues.
The apex court’s recent decision to set a timeline for the President of India to take a decision on the bills sent to her has triggered a fresh round of debate, with Vice-President Jagdeep Dhankhar voicing strong disapproval of the judgement.
Dhankhar has also been maintaining that the apex court was wrong in striking down the National Judicial Appointments Commission Act in 2015.
On the other hand, Opposition parties have lauded the court’s direction to the President as well as the proceedings in the apex court in the Waqf (Amendment) Act matter.
India