BJP cites Indira Gandhi’s 1978 remarks on judicial overreach

New Delhi: The Bharatiya Janata Party (BJP) on Monday circulated a historical video clip of former Prime Minister Indira Gandhi in an apparent justification for the recent remarks made by BJP MP Nishikant Dubey concerning the Supreme Court's involvement in the Waqf (Amendment) Act hearings.​

The video, shared by BJP IT cell head Amit Malviya on social media, features Gandhi in a 1978 interview questioning the judiciary's role in political matters. 

In the clip, she is heard saying, “How does Mr. Shah know what is happening in the political world? What are the forces at work which want to destroy a developing economy? Is a judge competent to decide that? Then, why have democracy? Why have elections? Why have political people in power?”​

Indira Gandhi — the Congress must know its own past. pic.twitter.com/B9GjOE3ghk

— Amit Malviya (@amitmalviya) April 21, 2025

The "Mr. Shah" referred to in Gandhi's statement is believed to be Justice J.C. Shah, who headed the Shah Commission established in 1977 to investigate abuses during the Emergency period (1975–1977). 

The BJP's dissemination of this clip comes in the wake of Dubey's criticism of the Supreme Court's decision to hear petitions challenging the Waqf (Amendment) Act, 2025. 

Dubey questioned the judiciary's role in legislative matters, suggesting that if the Supreme Court continues to adjudicate on such issues, it undermines the authority of Parliament.​

By sharing Gandhi's historical remarks, the BJP appears to draw a parallel between past and present concerns over judicial overreach.​

Dubey launched a broadside against the Supreme Court, saying Parliament and assemblies should be shut if the apex court had to make laws. He also blamed Chief Justice of India Sanjiv Khanna for "religious wars" in India.

His comment came following the Centre's assurance to the top court that it would not implement some of the contentious provisions of the new waqf law till the next day of hearing after the court raised questions over them.

The BJP on Saturday disassociated itself from Dubey and Sharma's criticism of the Supreme Court, with party president JP Nadda calling the comments their personal views.

Nadda also affirmed the ruling party's respect for the judiciary as an inseparable part of democracy.