When the BJP-led Indian government, which had taken control of all autonomous institutions, could not get the Chief Justice of the Supreme Court, who was appointed for a few months, to make arbitrary decisions, the mercury was bound to rise. The current Chief Justice Sanjiv Khanna broke the tradition of the Chief Justice of India being the ‘slaves’ of the Indian government from Ranjan Gogoi to Chandrachud, within a short period of his tenure. The government-followers, angered by this, showed the Supreme Court as a mosque.
The way the bench headed by the Chief Justice openly expressed its views in the Waqf Board case, has angered Modi-Shah as well as the supporters of this bill. They are running a door-to-door movement to educate Muslims and gain their support, because they have understood that they will not succeed on this issue. This will close the doors to looting of Waqf property. That is why the Chief Justice has become the apple of their eye.
Apart from this, the Supreme Court’s order asking the Governor and the President not to delay the decision to approve bills beyond the specified period is also disturbing. The BJP as a party did not oppose it as vehemently as Vice President Jagdeep Dhankhar did. He even said that the Supreme Court has become the Supreme Parliament.
Several opposition leaders and legal luminaries, including Kapil Sibal, had criticised Dhankhar for such critical comments about the Supreme Court.
Citing the recent comments against the judiciary by Vice President Jagdeep Dhankhar and BJP MP Nishikant Dubey, the Supreme Court had recently said that the top court is being accused of encroaching on the functioning of Parliament and the executive.
A bench headed by Justice B R Gavai, after referring to a petition on the recent violence against Hindus in West Bengal during protests against the Waqf (Amendment) Act, 2025, asked advocate Vishnu Shankar Jain, “You want us to issue an order to the President to implement this? While we are being accused of encroaching on the functioning of the Parliament and the Executive.”
Seeking permission to file an application to bring some additional facts on record in the petition listed for hearing, Jain said there is a need to deploy central forces in West Bengal. The petition, filed by West Bengal resident Dev Dutt Majeed, has sought the setting up of a three-member committee headed by a retired Supreme Court judge to investigate the violence against the Waqf (Amendment) Act, 2025 in Murshidabad, West Bengal.
It is important to remember that the President takes an oath to protect the Constitution, while the judges take an oath to follow the Constitution. They do not remember that when the President dismissed the BJP governments of five states after the violence that erupted during the Ram Mandir movement in 1992 and the Madhya Pradesh High Court restored the BJP government, the BJP celebrated. Even then, the President’s order was challenged in the High Court. Whenever a law made in Parliament is challenged in the court, the matter has been heard and the court has said whether the decision of Parliament is in accordance with the Constitution or against it. As a vigilant watchdog, the Supreme Court assures the people of justice, but when the intentions of the government are against the Constitution, it is afraid of the Chief Justice. Its IT cell, Vice President and MPs like Nishikant Dubey spread rumors against the Supreme Court. The government and its devotees are the attackers of a conscious Chief Justice. Dozens of cases are pending against Nishikant Dubey. He is the one who is putting the Chief Justice in the dock.
This is not an insult to any one institution, but to the entire democratic structure and to bear this insult, to remain silent will not only be unfortunate, but also an alarm bell. The Chief Justice is going to retire next month. Standing with him is the need of the day. This will give strength to the incoming Chief Justice BR Gavai. People have to decide whether they will stand with the Constitution, which is the hope, protection and identity of crores of Indians or will they let those who want to strengthen their grip on power by rolling the Constitution go. This fight is not of any one person, one party or one court. This fight is for the democratic existence of India. This fight is now not only of the courts, but of every conscious citizen. When the courts are gone, justice will also remain in the books and the country will start fearing its own shadow.
