New Delhi: After BJP MP Nishikant Dubey remarked that if the Supreme Court wants to make laws, then there is no need for Parliament in the country, the top court has responded. The allegations of judicial overreach surfaced in the wake of the Supreme Court’s orders involving the Tamil Nadu Governor RN Ravi and the Waqf law.

Supreme Court judge, Justice B R Gavai, on Monday commented that the top court was being criticised for “encroaching” on the parliament’s functions.

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Hearing a plea seeking the Centre’s prohibition of sexually explicit content on OTT platforms, Justice Gavai, who was heading the bench, said, “Who can control it? It is for the Union to frame a regulation in that regard.”

“As it is, we are now criticised that we are interfering with the executive’s function, the legislative functions,” Justice Gavai told advocate Vishnu Shankar Jain.

Dubey had remarked that it was the Parliament’s job under Article 368 of the Constitution to make laws while the court was supposed 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. Dubey even accused the Supreme Court of India of being “responsible for inciting religious wars in the country”.

While the BJP distanced itself from the four-time Godda MP’s remarks, calling them “personal statements”, Vice President Jagdeep Dhankar on Thursday also expressed concern over the Supreme Court acting like a “super Parliament”.

BJP National President JP Nadda had tweeted that the saffron party has always respected the judiciary, accepting its orders and suggestions. “… as a party, we believe that all the courts of the country, including the Supreme Court, are an integral part of our democracy and are the strong pillar of the protection of the Constitution,” he stated.

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भाजपा सांसद निशिकांत दुबे और दिनेश शर्मा का न्यायपालिका एवं देश के चीफ जस्टिस पर दिए गए बयान से भारतीय जनता पार्टी का कोई लेना–देना नहीं है। यह इनका व्यक्तिगत बयान है, लेकिन भाजपा ऐसे बयानों से न तो कोई इत्तेफाक रखती है और न ही कभी भी ऐसे बयानों का समर्थन करती है। भाजपा इन बयान…

— Jagat Prakash Nadda (@JPNadda) April 19, 2025

Nadda further added that along with Dubey, other party members have also been instructed not to make such statements in the future.

During the hearing of the Waqf (Amendment) Act, 2025, the top court had questioned some parts of its provisions, including the ‘Waqf by user’ provision. The Centre later assured that until the next hearing on May 5, it will not implement some parts of the controversial Act.