Right Wing Attack on SC: A Case of Meetha Meetha Hap Hap, Karwa Karwa Thu Thu
The Wqaf Act 2025 has sparked a debate on the supremacy of Parliament or the Supreme Court in India
New Delhi: The Wqaf Act 2025 has sparked a debate on the supremacy of Parliament or the Supreme Court in India. This follows a BJP MP attacking the Supreme Court after it began hearing petitions on the Waqf Amendment Act and took the Narendra Modi government to task.
The Muslim litigant, the prime party in this case, has challenged the Wqaf Act, calling it unconstitutional.
A BJP MP, Nishikant Dubey, has questioned the locus standi of the Supreme Court of India. In a post on X, he wrote, “Parliament should be closed down if the Supreme Court has to make the laws".
"The Supreme Court is breaching its boundaries. It is going beyond its limits. If one has to go to the Supreme Court for everything, then Parliament and State Assembly should be shut down", he added.
Dubey, who represents the Godda constituency in Jharkhand, also targeted the Chief Justice of India, saying, "Sanjiv Khanna is responsible for all the civil wars happening in this country."
Dubey’s salvo against the Supreme Court goes on, “The Parliament makes the law of this country. You will dictate to Parliament? How did you make a new law?
He further attacks SC, "How can you give direction to the President who appoints the Chief Justice of India. In which law is it written that the President has to decide within three months? This means that you want to take this country towards anarchy.”
Opp question BJP's legitimacy
Opposition MPs have slammed Dubey's remark, saying, "BJP is trying to weaken the Supreme Court."
“What the Supreme Court is saying is, the law made by the government should not go against the basic structure of the constitution, and if that is the case, the Court will not accept it,” said Congress MP Imran Masood.
AAP spokesperson Priyanka Kakkar said, “Whenever any judge gives a judgment in favor of the BJP, they are made member of the Rajya Sabha, and now, when the CJI has instructed that the law should be followed, the BJP has used all its resources to defame him and attack the Supreme Court."
Dubey's remarks came amid hearings on several pleas ongoing in the Supreme Court challenging the constitutionality of the Waqf (Amendment) Act 2025.
The timing of Dubey's remark is also noteworthy, as Vice President Jagdeep Dhankhar also voiced "disapproval" of the Supreme Court's judgment after it set a timeline for the President to decide on the bills sent to her.
Dhankhar sharply criticized the SC, saying, “The Supreme Court cannot fire a 'nuclear missile' at the democratic forces.”
He was speaking to the sixth batch of Rajya Sabha interns at the Vice-President’s Enclave.
Dhankar's remarks were contested by Rajya Sabha MP and senior advocate Kapil Sibal.
Kapil Sibal said that the Governor's withholding of bills was actually an “intrusion on the supremacy of the legislature.”
“This should be known to Dhankar ji (Vice President), he asks how the powers of the president can be curtailed, but who is curtailing the powers? I say that a minister should go to the Governor and be there for two years, so they can raise issues which are of public importance, will the Governor be able to ignore them?” news agency ANI quoted Sibal as saying.
Sibal, who is also president of the Supreme Court Bar Association, asked if the President could indefinitely delay the implementation of the bill that the parliament passes.
“This is in fact an intrusion on the supremacy of the legislature, ye to ulti baat hai (the issue is flipped). If Parliament passes a bill, can the President indefinitely delay its implementation? Even if it is not signed, does no one have the right to talk about it?” he asked.
[The writer, Syed Ali Mujtaba, is a journalist based in Chennai. He can be contacted at syedalimujtaba2007@gmail.com]
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