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NEW DELHI: Bharaitya Janata Party on Monday resurfaced a decades-old video of former Prime Minister Indira Gandhi questioning judicial overreach, amid controversy over party MP Nishikant Dubey‘s recent criticism of the Supreme Court and CJI Sanjiv Khanna.
BJP IT Cell head Amit Malviya posted a snippet from the interview on X, saying, “Indira Gandhi — the Congress must know its own past”.
In the video, Gandhi questions Justice Shah’s competence to assess political dynamics and economic threats, arguing for the primacy of democratic institutions over judicial oversight.
“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? 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?” Indira Gandhi can be heard saying in the video.
The footage dates back to Gandhi’s response to the Shah Commission, established in 1977 to investigate Emergency-era excesses. The commission, led by Justice J.C. Shah, had criticised the centralisation of power under Gandhi’s rule and examined censorship, police violence, and forced sterilisation campaigns.
Earlier this week, Nishikant Dubey lashed out at the judiciary, suggesting that if the Supreme Court continues to act like a legislative body, “Parliament should be shut down.” In an X post, Dubey wrote, “Kanoon yadi Supreme Court hi banayega to Sansad Bhavan bund kar dena chahiye.” The comments triggered criticism from opposition parties with the BJP distancing itself from the remark.
Speaking to the media later, Dubey escalated his criticism, blaming the top court for “inciting religious wars” and “crossing constitutional boundaries.” He questioned recent Supreme Court directives, saying, “How can you give direction to the appointing authority? The President appoints the Chief Justice of India. You will dictate that Parliament? You want to take this country towards anarchy.”
He also revisited the Court’s decriminalisation of homosexuality under Article 377, asserting that it contradicted the beliefs of major religions. “There are only two sexes in this world, male or female. Hindu, Muslim, Buddhist, Jain or Sikh — all believe homosexuality is a crime,” Dubey said, claiming the Supreme Court had overturned a long-standing societal norm without parliamentary discussion.
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