Judiciary Under Fire? Here’s Why BJP and Congress Are Fighting Over Judges
What Sparked the Latest SC vs BJP Row
A storm has been brewing between political leaders and the judiciary ever since the Supreme Court passed a bold verdict in the Tamil Nadu bill clearance case, essentially setting a deadline for Governors and the President to act on re-passed state bills.
This led to a strong backlash from BJP MPs, especially Nishikant Dubey and Dinesh Sharma, who accused the Supreme Court of judicial overreach.
But now, BJP leader and Assam Chief Minister Himanta Biswa Sarma has flipped the script — accusing the Congress party of having a long history of attacking the judiciary when verdicts didn’t go in their favour.
Himanta Sarma’s Counterattack: “Congress Has Targeted Judges for Years”
Posting on social media platform X, Himanta Sarma said that BJP respects the judiciary, unlike Congress, which he accused of targeting judges whenever the court rulings went against them.
He backed his claims with multiple examples:
1. Justice Dipak Misra
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Congress initiated an impeachment motion against the then Chief Justice of India.
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Sarma claims this was done without strong evidence, purely because the party disliked some of his decisions.
2. Justice Ranjan Gogoi
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Faced harsh criticism after delivering the Ayodhya verdict.
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Sarma argued that such backlash for a landmark ruling reflects the Opposition’s frustration.
3. Justice Arun Mishra
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Criticised for being “too close” to the government.
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Sarma said this was unfair and went against the judge’s record of upholding constitutional duties.
4. Justice DY Chandrachud
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Was scrutinised over interpretations in major cases.
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Sarma alleged the Congress disliked rulings that didn’t align with their politics.
5. Justice S Abdul Nazeer
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Appointed Governor of Andhra Pradesh after retirement.
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Congress accused BJP of compromising judicial neutrality, though Sarma defended the move.
Sarma’s Key Message: “Respect Judiciary – No Matter the Verdict”
Sarma emphasized that BJP, including party president JP Nadda, distanced themselves from the controversial comments made by party MPs and reiterated the party’s respect for judicial independence.
He argued that Congress shows “selective respect” — praising the judiciary when verdicts suit them and attacking it when it doesn’t.
“Such behavior sets a bad precedent,” said Sarma. “All political parties should respect the judiciary, irrespective of outcomes.”
Nishikant Dubey’s Shayari Reply: “Zindagi Jabr Hai…”
In a poetic twist, BJP MP Nishikant Dubey reposted Sarma’s message with a couplet from Urdu poet Fani Badayuni:
“Zindagi jabr hai jabr ke aasaar nahi, hai is qaid to zanjeer bhi darkar nahi.”
Translation: Life itself is a compulsion — even chains aren’t needed in this imprisonment.
The sher is being seen as a metaphor for the political constraints and compulsions that led BJP leadership to distance itself from Dubey’s remarks, even if they privately agreed.
BJP MPs vs Judiciary: What Was Said?
Nishikant Dubey:
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Criticised the Supreme Court for acting like a super-authority.
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“If we need to go to the court for everything, why do we have a Parliament or State Assemblies?” he asked.
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He questioned how the judiciary could set deadlines for the President or Governors.
Dinesh Sharma:
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Declared that the President is supreme and cannot be challenged by anyone.
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Claimed the Supreme Court was overstepping its bounds.
BJP Distances Itself: JP Nadda’s Clarification
Amidst the rising tension, BJP chief JP Nadda stepped in quickly to control the damage. He stated:
“These are personal statements. The BJP has nothing to do with them and does not support such remarks.”
He reportedly advised all BJP leaders to avoid making similar comments that could be interpreted as attacks on the judiciary.
Opposition Fires Back: “You’re Weakening Democracy!”
Opposition parties didn’t waste time in reacting to the BJP MPs’ remarks.
Asaduddin Owaisi (AIMIM):
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Called BJP leaders “tubelights and thumbs-up” (implying slow to understand).
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Stressed that Article 142 is a powerful constitutional tool, introduced by Dr. BR Ambedkar.
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Warned PM Modi that such threats weaken the judiciary and the country.
Jairam Ramesh (Congress):
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Accused BJP of consistently attacking the judiciary, especially when the courts ruled against the government.
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Cited electoral bonds case as an example of BJP’s frustration with the Supreme Court.
Jagdeep Dhankhar’s Controversial Remark
Even Vice-President Jagdeep Dhankhar joined the conversation earlier, criticizing the Supreme Court:
“You cannot direct the President of India… Article 142 is being used as a nuclear missile against democratic forces.”
He questioned whether the judiciary should have such wide-reaching powers.
Politics and Judiciary on a Collision Course?
The recent verbal clashes highlight a growing power struggle between the judiciary and political leaders, especially over the interpretation of constitutional authority.
With both sides digging in their heels and elections looming, this debate is far from over. But one thing is clear: respect for institutions must remain non-negotiable if democracy is to thrive.
