Nishikant Dubey vs Supreme Court: Will BJP take action?

In this episode of Capital Beat, economist, veteran journalist, and author Prem Shankar Jha joined host Neelu Vyas to analyse BJP MP Nishikant Dubey’s scathing remarks against the Supreme Court. Dubey had accused the apex court of "causing civil wars" in the country and questioned the relevance of Parliament and state assemblies if the judiciary was going to “make laws.”

Jha minced no words in his response: “The statement is utter nonsense. Nishikant Dubey is semi-literate. He knows nothing about democracy.” He framed Dubey’s comments as not just an individual’s outburst but as part of a larger pattern of undermining democratic institutions.

Institutional contempt?

Jha suggested that Dubey’s comments are symptomatic of the BJP’s broader strategy — rewarding those who attack democratic institutions. He cited past instances, including controversial figures like Kapil Mishra, who was linked to the 2020 Delhi riots and now serves as a Cabinet minister in the Delhi government, and Anurag Thakur, who faced criticism over his remarks during anti-CAA protests but was elevated to a ministerial position earlier.

Drawing a parallel, Jha argued that the current regime is “driving Muslims into a corner,” similar to what happened in Sri Lanka, forcing reactions that are then used to justify state repression. “It’s like saying Hitler declared war and Europe was responsible,” he said, calling Dubey’s logic absurd.

Also read: ‘Absolutely rejects’: BJP distances itself from MPs spewing venom on SC

Judiciary under pressure

The conversation shifted to the increasing friction between the judiciary and the executive. Just days before Dubey’s remarks, Vice-President Jagdeep Dhankar had questioned the Supreme Court’s authority, stating that it cannot act as a “super Parliament.” Jha argued that this two-pronged attack is not coincidental but strategic: “The message is pure threat.”

He listed instances where judges who ruled in favor of the government were rewarded with high-profile appointments — Justice KS Radhakrishnan was made Governor of Kerala, RK Raghavan was appointed ambassador, and Justice Arun Mishra became head of the NCLAT. Justice AM Khanwilkar, Jha noted, cleared a backlog of politically sensitive judgments before retiring and was later made Chief Vigilance Officer.

Also read: Waqf row: SC lawyer writes to AG, seeks contempt proceedings against Nishikant Dubey

Supreme Court fighting back?

Jha commended the current Chief Justice of India, Sanjiv Khanna, for standing up to executive overreach, particularly in matters like the Tamil Nadu governor case and early hearings in the Waqf Amendment matter. But he expressed concern over what might follow after Khanna’s retirement: “We have not had this kind of chief justice for a long time… tragically, he’s only got a few weeks left.”

He suggested that the criticism directed at the judiciary could also be a warning shot aimed at the incoming Chief Justice.

Also read: SC accused of ‘intruding’: Justice BR Gavai ‘reacts’ to BJP MP’s claim

Strategic destabilisation?

The episode also touched on the political context — BJP’s anxiety following the 2024 general election results. Jha claimed that the party’s majority was fragile and dependent on allies like the TDP and JD(U). He argued that the government’s recent actions were driven by a desire to stabilize through polarization: “They’re playing the only card left — hate.”

He warned that more figures like Nishikant Dubey may emerge as the party pushes harder against institutional checks. “There is a new competition in the BJP — how outrageous can you be to get closer to Narendra Modi?” Jha said.

Also read: ‘Hateful politics’: Ex-CEC Quraishi reacts to Dubey’s ‘Muslim commissioner’ barb

Will Dubey be punished?

Asked whether Dubey will face legal consequences or jail time if the criminal contempt petition against him is accepted, Jha was sceptical: “Mark my words — nothing will be done to Nishikant Dubey.” He predicted that the Attorney General would not proceed with the contempt case.

Jha emphasized that this is part of a larger trend of weakening checks and balances. “We’re very far away from a democracy now. This is Modi Raj,” he concluded.

Also read: Owaisi takes ‘tubelights’ dig at BJP MPs as Opposition slams remarks on SC

Judiciary in peril?

As the episode wound down, Jha made a historical comparison between today’s attacks on the judiciary and those during the Emergency. “In the 1970s, it was one violation, one judgment. Today, it is systemic,” he said. He argued that judges issuing questionable judgments are now being rewarded, creating a perverse incentive system.

“The people giving outrageous judgments are being promoted to the highest positions in the land. We’re in a jungle now — with wild animals all around,” Jha said.

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