Parliament vs Supreme Court: It’s true—no one is above the law. Everyone must abide by it, whether a common citizen or public official, whether a leader or a judge. Recently, several BJP leaders have openly criticized the Supreme Court. Although the BJP officially distances itself from these remarks, the debate across the country has reignited: who holds more power—the Supreme Court or the Parliament? In today’s DNA, Rahul Sinha, Managing Editor, Zee New, tried to explore an answer to this question:
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This discussion began due to a hearing in the Supreme Court regarding the Waqf Act. The central question being raised is whether the court should even entertain a hearing on this law. BJP MP Nishikant Dubey questioned the Supreme Court’s authority over the Waqf Act case. He stated, “The laws of this country are made by the Indian Parliament… how can you dictate to that Parliament? Only and only the Supreme Court is responsible for inciting religious conflict in this country… the Supreme Court is overstepping its limits.” Prior to the commencement of this hearing, Union Minister for Minority Affairs Kiren Rijiju had also said, “I trust the Supreme Court will not interfere in legislative matters. The separation of powers is clearly defined in the Constitution. We must respect each other’s roles.”
Earlier, on April 17, Vice President Jagdeep Dhankhar had said that judges are acting like a ‘super Parliament’ and even likened Article 142 of the Constitution to a nuclear missile.
This naturally raises the question in people’s minds—who is greater, the court or the Parliament?
According to the Indian Constitution, the system of governance is divided among three branches: the executive, the legislature, and the judiciary.
- The Executive includes the President, Prime Minister, Cabinet, Governors, Chief Ministers, local heads like village leaders and mayors.
- The Legislature includes the Parliament, state assemblies, legislative councils, and panchayats.
- The Judiciary includes the Supreme Court, High Courts, and lower civil courts.
The Constitution clearly states that the Constitution itself stands above all three branches. While the power to make laws lies with the Parliament, the judiciary has the authority to review whether a law is constitutional or not. The administration is responsible for enforcing those laws. The Constitution expects these three branches to work collaboratively, with balance—not conflict—between them.
Article 142 grants the Supreme Court the authority to issue any order or directive to ensure complete justice in any matter. When the Constitution was being drafted, it was understood that not all future challenges could be predicted. Hence, Article 142 was added to empower the Court to handle unforeseen issues.
Using this authority, the Court has delivered landmark verdicts in cases like:
- The Ayodhya Ram Mandir case
- Sahara-SEBI dispute
- Shiv Sena–Maharashtra government conflict
- Delhi vs Lieutenant Governor dispute
- Ban on liquor sales near highways
- Various divorce-related cases
Every time there has been friction between the judiciary and the legislature, it has impacted the process of law-making. This debate is similar to the age-old question: which came first, the chicken or the egg?
While Parliament can change court decisions through new legislation, the judiciary can also review and strike down laws made by Parliament. Therefore, it is not possible to say definitively who is supreme.
The Constitution draws a fine line between the two—and that very line is what maintains balance.
