BJP MP: SC Overstepping Authority On Waqf

New Delhi:BJP MP Nishikant Dubey on Saturday accused the Supreme Court of overstepping its mandate, questioning how the Chief Justice of India (CJI) can “direct his own appointing authority” and blaming the judiciary for stoking “civil wars” in the country.

Speaking to reporters after a hearing on the Waqf (Amendment) Act and related communal violence in West Bengal, Dubey — MP for Godda — referred to a social-media post in which he wrote in Hindi:

“If laws are to be made by the Supreme Court, then Parliament House should be shut down.”

He argued that only Parliament, under Article 368 of the Constitution, has the power to enact laws, while the Supreme Court’s role is limited to interpreting them. Dubey challenged the Court’s recent order allowing judicial intervention when governors delay assent to bills, asking,

“In which law is it written that the President must decide within three months? How can the Court give directions to the appointing authority?”

Dubey also claimed the apex court displays religious bias, saying it demands documentary proof for Hindu temple disputes—such as those concerning the Ram Mandir, Krishna Janmabhoomi and Gyanvapi Mosque—yet does not require similar “papers” for mosques built during the Mughal era.

In a further critique of judicial activism, Dubey cited the Supreme Court’s 2018 decision to strike down Section 377 of the Indian Penal Code, under which homosexuality was criminalised. He remarked,

“One fine morning, the Supreme Court said that we abolish this case,” and contrasted it with the United States’ position that only two sexes exist.

Dubey’s comments follow Vice President Jagdeep Dhankar’s recent warning against judicial overreach. The government had assured the Supreme Court it would withhold implementation of certain provisions of the Waqf Amendment Act pending the next day’s hearing.