In a stinging remark made on Saturday, BJP MP Nishikant Dubey created controversy at the time of the ongoing review by the Supreme Court of the Waqf (Amendment) Act, 2025.
Dubey expressed concern over the role of the judiciary in legislative affairs and whether courts would appropriate the lawmaking process to themselves. He warned that if the judiciary acts in this way, Parliament could become useless.
The Supreme Court recently started hearing several petitions questioning the constitutional validity of the newly amended Waqf Act, which was approved by both the houses of Parliament last month. The petitioners are of the opinion that some provisions, such as enabling non-Muslims to be made part of Waqf Boards and allowing the disemption of "Waqf by user" properties, violate basic constitutional rights.
In an X social media post, Dubey had written in Hindi (translated to English): "If the Supreme Court is going to enact the laws, then the Parliament building should be closed."
This comment was most broadly perceived as a subtle criticism of the intervention of the judiciary in examining and possibly suspending sections of the legislation.
The Supreme Court noted important assurances by the Central Government during the hearings. The government promised the bench that, subject to further orders from the court, no non-Muslims would be appointed to Waqf Boards or Councils. The government also assured that no Waqf properties, including those classified as 'Waqf-by-user,' would be deleted from official records or their classification changed by District Collectors in this interim period.
The highest court had earlier suggested the likelihood of staying some clauses of the revised Act, including those concerning Waqf-by-user, admitting non-Muslims to membership of Waqf Boards and Councils, and the power of the Collector to change the status of contentious Waqf lands.
But after taking note of the assurances made by the Centre, the Supreme Court granted one week to the Union Government to make a preliminary reply, along with all the papers. The matter is next slated for hearing on May 5.
