Shut down Parliament if Supreme Court makes laws: BJP MP slams judiciary

BJP MP Nishikant Dubey on Saturday sparked controversy after he remarked that if the Supreme Court wants to make laws, then there is no need for Parliament in the country.

In a post on X and later in comments to news agencies, Dubey said, "If the Supreme Court has to make laws, then Parliament should be shut down."

His remarks comes amid the ongoing hearing in the Supreme Court over the recently-enacted Waqt (Amendment) Act, 2025. The court, during the hearing, had raised questions over some of the Act's provisions, including the 'Waqf by user' provision. The government had then assured the top court that it would not implement some parts of the Waqf (Amendment) Act until the next hearing on May 5.

Dubey, a four-time MP from Godda, alleged that the top court was going beyond its powers. He said that the court is striking down laws passed by Parliament and even directing the President, who appoints Supreme Court judges. He said law-making is the job of Parliament under Article 368 of the Constitution, and the role of the court is to interpret the law.

"How can you give direction to the appointing authority? The President appoints the Chief Justice of India. The Parliament makes the law of this country. You will dictate that Parliament?" the BJP MP asked.

The BJP MP made several strong remarks against the judiciary, alleging that the Supreme Court was "responsible for



inciting religious wars in the country".

"The Supreme Court is going beyond its limits. If one has to go to the Supreme Court for everything, then Parliament and State Assembly should be shut," Nishikant Dubey said.

Dubey also questioned the Supreme Court's stand on the "Waqf by user" provision. He said that in other cases like the Ram Mandir issue, the court asked for documentary proof, but in this matter, it had not done the same.

The politician also pointed to past rulings of the Supreme Court like the decriminalisation of homosexuality and the scrapping of Section 66(A) of the IT Act as examples of its "overreach".

Dubey's remark comes amid recent criticism of the judiciary by political leaders, including Vice President Jagdeep Dhankhar, over what they called judicial overreach.

The Supreme Court recently set a deadline for the President to act on bills sent to her. Following the top court's directions, Vice President Jagdeep Dhankhar spoke against the court's decision.

Calling it a worrying development, Jagdeep Dhankhar said India was never meant to have a democracy where judges function as lawmakers, the executive, and even as a "super Parliament".

“There is a directive to the President by a recent judgement. Where are we heading? What is happening in the country?” he asked while addressing a group of Rajya Sabha interns.