New Delhi, April 19: BJP MP Nishikant Dubey has reignited the debate over the separation of powers by stating that Parliament might as well be shut down if the Supreme Court continues to make laws. His remarks followed the apex court’s decision to examine the Waqf (Amendment) Act, prompting the Centre to put parts of it on hold. Dubey expressed concern that the judiciary is increasingly stepping into the legislature’s domain, citing examples where the court nullified key laws passed by Parliament.
He pointed to cases like the scrapping of Section 66A of the IT Act and the decriminalization of homosexuality under Section 377. According to Dubey, these decisions are examples of the court encroaching on legislative authority. “When the Supreme Court starts deciding what laws should exist, what is the point of Parliament?” he asked.
His comments sparked backlash from the opposition. Congress leader Jairam Ramesh accused the BJP of trying to weaken constitutional institutions. He said the ruling party often turns hostile when court rulings go against its agenda, as seen with the electoral bonds verdict and the court’s stance on the Waqf law. Ramesh emphasized that judicial independence is central to democracy and warned against what he called the BJP’s ongoing assault on the judiciary’s role.
This political tug-of-war has raised fresh concerns over the delicate balance between the judiciary and legislature, a recurring theme in Indian constitutional debates.
