Constitution Is Higher Than All; Judicial Review A Constitutional Function : Supreme Court Debunks Parliamentary Supremacy Claim

At a time when hollow claims of Parliamentary supremacy are being made, the Supreme Court has issued an important reminder that it is the Constitution which is supreme.

The Court also reiterated that judicial review is a function which has been conferred on the judiciary by the Constitution, and hence, when the Courts test the constitutionality of statutes, they are acting within the framework of the Constitution.

These observations, made by a bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar in an order, are seemingly in response to the scathing attack made by Vice President Jagdeep Dhankhar against the judiciary. Criticising the Supreme Court setting timelines for the President and the Governor to act on Bills, Dhankhar had said that the judiciary was trying to become a "super Parliament." After the Supreme Court's intervention in the petitions challenging the Waqf Amendment Act, Dhankhar said that the "Parliament is supreme" and that "there is no visualisation in the Constitution of any authority above Parliament."

Debunking these claims, the Court observed in its order :

"Each branch of the State in a democracy, be it the legislature, executive or the judiciary, especially in a constitutional democracy, acts within the framework of the Constitution. It is the Constitution that is higher than all of us. It is the Constitution which imposes limits and restrictions on the powers vested in the three organs. The power of judicial review is conferred by the Constitution on the judiciary. Statutes are subject to judicial review to test their constitutionality as well as for judicial interpretation. Therefore, when the constitutional courts exercise their power of judicial review, they act within the framework of the Constitution."

"This power is conferred in express terms by Articles 32 and 226 by the framers of the Constitution and hinges on the system of checks and balances. We believe that the general public does know the relationship amongst the three wings of the Government and their different roles. They are aware of the function and the role of the judiciary, which is to judicially review the actions of the other branches and to evaluate whether the other branches are acting lawfully under the Constitution.

Judicial decisions are made in accordance with legal principles and not in keeping with political, religious or community considerations. When citizens approach the court praying for exercise of the power of judicial review, they do so in furtherance of their fundamental and/or legal rights. The court's consideration of such a prayer is the fulfilment of its constitutional duty."

The Court was dealing with a PIL filed by an advocate seeking suo motu contempt proceedings against BJP MP Nishikant Dubey for his comments attacking the judiciary and the Chief Justice of India.

Dubey made the controversial comments in the wake of the Supreme Court's intervention in the petitions challenging the constitutionality of the Waqf (Amendment) Act 2025. He went to the extent of saying that CJI Sanjiv Khanna was "responsible for all the civil wars happening in India" that the "Supreme Court is only responsible for inciting religious wars in the country."

The Court strongly deprecated the comments of Dubey, terming them "highly irresponsible" and attention-seeking. The Court said that the comments showed his ignorance about the functioning of the Constitutional Courts.

At the same time, the Court refrained from taking any action against him, saying that the public's confidence in the judiciary cannot be shaken by "such absurd comments."

Also from the order :

'Highly Irresponsible, Shows Ignorance' : Supreme Court Deplores BJP MP Nishikant Dubey's Comments Against Judiciary & CJI

Attempts To Spread Communal Hatred & Indulge In Hate Speech Must Be Dealt With Iron Hand : Supreme Court