Nishikant Dubey / What is BJP MP Nishikant's full statement on SC-CJI, which created a ruckus?

Nishikant Dubey: Indian politics is once again standing at a point where statements made about constitutional institutions become a cause of debate across the country. This time, the controversial statement made by senior BJP MP Nishikant Dubey about the Supreme Court and the Chief Justice of the country (CJI) Sanjeev Khanna has given rise to a new controversy. Serious issues like the dignity of Parliament and the independence of the judiciary are now being heated in the furnace of politics.

Controversial remarks and its background

MP Nishikant Dubey from Godda, Jharkhand, on Saturday made serious allegations against the Supreme Court and said that "the Supreme Court is responsible for inciting religious war in the country." He also said that if the Supreme Court will do the work of making laws, then "Parliament and Legislative Assemblies should be closed."

Citing Articles 368 and 141 of the Constitution, Dubey argued that making laws is the work of the Parliament, while the work of the Supreme Court is to interpret them. He also accused the Supreme Court of acting beyond its jurisdiction, leading the country towards anarchy.

Comment on LGBTQ+ rights

In his statement, Nishikant Dubey also made controversial remarks on the rights of the LGBTQ+ community, citing Section 377. He said that "homosexuality is considered a crime in all religions," and the Supreme Court has violated the decorum of the Constitution by recognizing it with its decision.

BJP's clarification: 'Personal opinion'

As soon as this statement came out, there was an earthquake in political circles. The opposition called this statement an attack on democracy and questioned the intention of the BJP. At the same time, the BJP also did not take long to distance itself from these statements.

Party's national president JP Nadda made it clear that the party has nothing to do with the statements of MP Nishikant Dubey and former Deputy Chief Minister Dinesh Sharma. Terming them as the personal views of the leaders, he said that the BJP respects constitutional institutions.

Debate on the role of Parliament and the Supreme Court

This entire episode gives rise to a major debate—is the Supreme Court going beyond its jurisdiction? Are some decisions taken by the judiciary an interference in the realm of democratic institutions or a part of constitutional interpretation?

Constitution experts believe that the Supreme Court not only interprets laws, but also takes corrective steps in some cases on the basis of 'constitutional morality'. At the same time, public representatives argue that elected institutions should be the primary source of law making.