BJP leader Nishikant Dubey on Saturday launched a sharp attack on the Supreme Court, accusing it of exceeding its constitutional limits and alleging that the judiciary is responsible for provoking religious conflicts in the country.
While speaking to mediapersons, Dubey questioned the authority of the Supreme Court to frame laws, asserting that if the top court continues to assume legislative functions, there would be no need for Parliament or state legislatures.
He claimed the apex court operates on the principle of "Show me the face, I will show you the law," and that this undermines the foundational principle of separation of powers.
Dubey criticised the court’s handling of various constitutional matters, pointing specifically to its decision on Article 377, which decriminalised homosexuality. He cited the stance of the Trump administration in the US and religious beliefs across Hindu, Muslim, Sikh, Jain, and Buddhist communities, arguing that homosexuality was traditionally considered a crime.
He expressed frustration over the judiciary’s authority to issue rulings that, in his view, rewrite laws rather than interpret them. He also objected to the Supreme Court seeking documents in religious disputes such as those related to the Ram Mandir, Krishna Janmabhoomi, and the Gyanvapi mosque, questioning the need for historical evidence in such cases.
Continuing his criticism, Dubey accused the judiciary of creating legal obligations for the President and Governors, especially in legislative matters such as bill approvals.
He questioned how the Supreme Court could direct the President, a constitutional appointing authority, and described such judicial directions as attempts to push the country toward anarchy. He announced that Parliament would soon discuss the overreach of judicial power in detail.
Earlier in the day, Dubey posted a comment on X (formerly Twitter), stating that if the Supreme Court continues to make laws, then the Parliament building might as well be shut down. His remarks came amid the Supreme Court’s hearing on petitions challenging the constitutionality of the Waqf (Amendment) Act, 2025.
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During the hearing, the Centre assured the court that it would not denotify any ‘Waqf-by-user’ provisions or appoint non-Muslim members to Waqf Boards. This assurance followed the court’s indication that it might consider staying parts of the new law.
Dubey’s comments drew strong condemnation from opposition leaders. Congress MP Manickam Tagore labelled his remarks "defamatory" and accused him of systematically undermining democratic institutions. Tagore urged the judiciary to take notice, emphasising that Dubey was speaking outside Parliament and making serious allegations.
Congress leader Imran Masood also called the remarks unfortunate and pointed out that this was not the first time a government had faced adverse judicial decisions, adding that Dubey’s reaction revealed a troubling sense of frustration.
The controversy has also been fueled by recent Supreme Court decisions, particularly its directive setting a timeline for the President of India to act on bills passed by state legislatures. This has drawn criticism from Vice President Jagdeep Dhankhar, who argued that the judiciary cannot dictate actions to the President.
Speaking at the conclusion of the Rajya Sabha Internship Programme, Dhankhar proposed amendments to Article 145(3) of the Constitution to ensure substantial constitutional matters are adjudicated by a proper majority. He also criticised the extensive use of Article 142, describing it as a "nuclear missile" in the judiciary's hands that undermines democratic institutions.
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