Amid the massive row over BJP MPs’ remarks targeting the Supreme Court, party leader and Assam Chief Minister Himanta Biswa Sarma has tried to turn the tables, accusing the Congress of attacking the judiciary and listing instances in which the main Opposition party publicly criticised judges. Interestingly, Mr Sarma’s post on X got a response from Godda MP Nishikant Dubey, whose remarks against the Supreme Court prompted BJP chief JP Nadda to intervene and distance the party from the controversial statements.
Mr Sarma said that the BJP has consistently upheld the independence and dignity of the judiciary as a cornerstone of India’s democracy. Referring to Mr Nadda’s remarks, stressing that the remarks by Mr Dubey and BJP MP Dinesh Sharma do not reflect the party’s stand, Mr Sarma said the BJP chief reaffirmed its commitment to judicial independence by distancing the party from Mr Dubey’s remarks.
The Bharatiya Janata Party (BJP) has consistently upheld the independence and dignity of the judiciary as a cornerstone of India’s democracy.
Recently, Hon’ble BJP President Shri @JPNadda ji reaffirmed this commitment by distancing the party from remarks made by Hon’ble MP Shri… pic.twitter.com/iI2yqPogVB
— Himanta Biswa Sarma (@himantabiswa) April 20, 2025
“Nadda Ji emphasised that these were personal opinions and not reflective of the party’s stance, reiterating the BJP’s deep respect for judicial institutions. While the BJP maintains this principled position, it is pertinent to examine the Congress Party’s historical interactions with the judiciary. The Congress has, on multiple occasions, publicly criticized esteemed members of the judiciary,” the Assam Chief Minister said, sharing news headlines of Congress criticising judges.
Listing instances, Mr Sarma said former Chief Justice of India Dipak Mishra faced an unprecedented impeachment motion initiated by Congress and other opposition parties. The Opposition, he said, accused Justice Misra of misconduct without substantial evidence.
Mr Sarma then referred to former Chief Justice and MP Ranjan Gogoi and said he was “subjected to severe criticism following landmark judgments, including the Ayodhya verdict”.
Justice Arun Mishra, former Supreme Court judge and former chief of National Human Rights Commission, also featured in Mr Sarma’s list. He said the judge was targeted for his judicial decisions and alleged proximity to the executive, despite his adherence to constitutional duties.
Former Chief Justice DY Chandrachud, Mr Sarma said, faced undue scrutiny over his interpretations in significant cases, reflecting a pattern of disapproval when verdicts didn’t align with certain political expectations.
Justice S Abdul Nazeer, he said, was criticized by the Congress for his appointment as the Governor of Andhra Pradesh shortly after retirement. The Opposition party, he said, alleged that the appointment threatened judicial independence.
“This pattern suggests a tendency within the Congress Party to challenge the judiciary’s credibility when decisions are unfavorable to their political narrative. Such selective criticism not only undermines the sanctity of judicial processes but also sets a concerning precedent for democratic discourse,” he said. Mr Sarma said political entities must approach judicial pronouncements with consistency and integrity. “Respecting the judiciary shouldn’t be contingent upon the favorability of its decisions. Selective approbation erodes public trust and the foundational principles of our democracy. In conclusion, while the BJP continues to honour the judiciary’s role impartially, it’s crucial for opposition parties to reflect on their approach, ensuring that critiques are rooted in principle rather than expediency,” he said.
Mr Dubey shared Mr Sarma’s post with a sher penned by Fani Badayuni. “Zindagi jabr hai jabr ke aasaar nahi, hai is qaid to zanzeer bhi darkar nahi”. The lines roughly translate to how life is a compulsion and an imprisonment that does not require chains. The lines could be referring to the political compulsions due to which the BJP leadership had to disown his remarks.
The Supreme Court’s recent judgment in the Tamil Nadu case, in which it effectively set a deadline for the President and the Governor to clear Bills passed by the legislature for the second time, has prompted allegations of judicial overreach. Mr Dubey has 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.
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”.
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,” he said, adding that party leaders have asked not to make such statements.
The Opposition has reacted sharply to the BJP MPs’ remarks. AIMIM chief Asaduddin Owaisi said a Supreme Court judgment is the law. “You are tubelights, you are thumbs-up… You are threatening the courts? Article 142 of the Constitution (which gives the Supreme Court special powers) was brought by BR Ambedkar. Ambedkar was more far-sighted than you,” said Mr Owaisi, a barrister who studied at Lincoln’s Inn in London.
Addressing Prime Minister Modi, he said, “Your people are so radicalised that they are threatening the courts. Modi ji, if you do not stop these people who are threatening, the country will weaken and the country won’t forgive.”
Congress’s Jairam Ramesh said the BJP leaders are trying to weaken the Supreme Court. “Constitutional functionaries, ministers, BJP MPs are speaking against the Supreme Court… The Supreme Court is being targeted because in many issues, like electoral bonds, the Supreme Court has said that what has been done by the government is unconstitutional,” he said.
Earlier, Vice-President Jagdeep Dhankhar, too, has targeted the Supreme Court. “We cannot have a situation where you direct the President of India and on what basis? The only right you have under the Constitution is to interpret the Constitution under Article 145(3). There, it has to be five judges or more… Article 142, Article 142 has become a nuclear missile against Democratic forces, available to judiciary 24 x 7”, he said.
