The Supreme Court today reacted to allegations of judicial overreach and controversial remarks by some BJP leaders on the landmark judgment that effectively set a deadline for the President and Governors to clear Bills passed by the legislature for the second time.
Advocate Vishnu Shankar Jain submitted a petition seeking President’s rule in West Bengal, which witnessed violence during protests against the Waqf Amendment Act. When Mr Jain raised the matter before the bench of Justice BR Gavai, the judge remarked, “You want us to issue a writ of mandamus to the President to impose this? As it is, we are facing allegations of encroaching into executive (domain). Please.” To this, Mr Jain replied that his plea is already listed for tomorrow.
The remark by the senior judge, who will take over as Chief Justice next month, suggests that the Supreme Court has been closely following the remarks by a section of ruling party leaders against the judiciary.
A section of BJP leaders have criticised the Supreme Court in the weeks following its judgment in the Tamil Nadu case in which it ruled that the Governor’s decision to withhold Bills indefinitely was “arbitrary” and set aside the Governor’s actions using its special powers under Article 142 of the Constitution. The order by the bench of Justice JB Pardiwala and Justice R Mahadevan also said that only courts have the prerogative to provide recommendations regarding the constitutionality of a Bill and the Executive is supposed to exercise restraint in such matters. It underlined that it would be prudent for the President to refer Bills with constitutional questions to the Supreme Court.
Reacting to the judgment, BJP MP Nishikant Dubey said Parliament must be shut down if the Supreme Court makes all decisions. “The Supreme Court is crossing its limits. If one has to go to the Supreme Court for everything, then Parliament and State Assembly should be shut,” he said.
“When the Ram Mandir, Krishna Janmabhoomi, or Gyanvapi issue arises, you (Supreme Court) say, ‘Show us the paper’. But for mosques built after the Mughals came, you are saying how will you show papers? The Supreme Court is responsible for inciting religious wars in this country,” the Godda MP said.
Mr Dubey asked how the Supreme Court can set a deadline for President and Governors to clear Bills. “How can you give direction to the appointing authority? The President appoints the Chief Justice of India. Parliament makes the law of this country. You will dictate Parliament?” BJP leader Dinesh Sharma said no one can “challenge” the President, as the President is “supreme”.
Earlier, Vice-President Jagdeep Dhankhar targeted the Supreme Court. “We cannot have a situation where you direct the President of India and on what basis?…Article 142 has become a nuclear missile against Democratic forces, available to judiciary 24 x 7”, he said.
As the Opposition parties accused the ruling dispensation of targeting the judiciary, BJP disowned its MPs’ remarks and said they were personal statements. Amid the controversy over the remarks, Mr Nadda said the BJP has “nothing to do” with the statements made by the BJP MPs. “These are their personal statements, but the BJP neither agrees with nor supports such statements. The BJP completely rejects these statements,” BJP chief JP Nadda said in a post on X.