Amid the political row triggered by BJP MP Nishikant Dubey's recent comments on the Supreme Court, the Bharatiya Janata Party (BJP) on Monday posted a decades-old video of former Prime Minister Indira Gandhi criticizing the Indian judiciary.
Dubey's comment last week, where he stated that if the Supreme Court continues to function like a legislative body, Parliament should be abolished, quickly ignited criticism from the opposition. The BJP distanced itself from his remarks following the backlash.
Amit Malviya, head of the BJP's IT cell, posted a video clip on X, drawing attention to Indira Gandhi’s past comments. In the video, Gandhi questioned a judge's capability to comprehend political forces and the economic issues of the nation. She is heard stating: "How does Mr. Shah know what is going on in the political world? What are the forces at play which want to ruin a growing economy? Is a judge qualified to rule that? Then why have democracy? Why have elections? Why should political individuals be in power?
" The video, posted by Malviya, is from Gandhi's reaction to the Shah Commission, set up in 1977 to inquire into the atrocities during the Emergency. The commission, led by Justice JC Shah, had accused Gandhi's power centralization and probed misuses like censorship, police excesses, and compulsory sterilizations.". Dubey's controversial remarks on Saturday were aimed at the Supreme Court's treatment of the Waqf (Amendment) Act, where he said: "If the Supreme Court makes the law then the Parliament House should be closed." The statement generated heated reactions from opposition parties.
Dubey also posted an ANI video on X in which he held the Chief Justice of India, Sanjiv Khanna, responsible for civil wars in the nation, stating: "Iss desh mein jitne grih yuddha ho rahe hain unke zimmedar kewal yahaan ke Chief Justice of India Sanjiv Khanna Sahab hain (CJI Sanjiv Khanna is responsible for all civil wars in this country)."
In addition, Dubey condemned the Supreme Court's latest order for the President and Governors to approve bills cleared by the legislature for a second time as an overreach. "How can you issue instruction to the appointing authority? The President appoints the Chief Justice of India. You will instruct Parliament? You want to lead this country towards anarchy," he stated. Reacting to Dubey's statement, Congress leaders vehemently condemned the statement. Lawyer and Congress leader Salman Khurshid was left dismayed, stating it was "sad" that an MP was questioning the Supreme Court, which is the last word in the legal hierarchy. Another Congress leader, Jairam Ramesh, charged Dubey and the BJP with undermining the credibility of India's apex court. He maintained that the BJP was trying to undermine the Supreme Court by challenging its constitutional position on different legislations.
Ramesh added, "Constitutional functionaries, ministers, and BJP MPs are talking against the Supreme Court because it has upheld the basic structure of the constitution and rejected laws that go against it." In the meantime, the BJP attempted to make it clear that Dubey was speaking in his personal capacity, and the party does not endorse or subscribe to such comments.
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