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The Supreme Court today responded strongly to ongoing criticism about alleged judicial overreach, especially following a landmark judgment that set a deadline for the President and Governors to clear Bills passed by state legislatures. Justice BR Gavai, who is set to become the next Chief Justice of India, addressed the matter during a hearing related to recent violence in West Bengal.
The remarks came as Advocate Vishnu Shankar Jain mentioned a pending plea connected to violence in Murshidabad, West Bengal. He sought directions for the deployment of paramilitary forces and the formation of a three-member panel of retired judges to investigate the violence. He also requested a report on the displacement of Hindus in the area.
In response, Justice Gavai said, “You want us to issue a writ of mandamus to the President to impose this? As it is, we are facing allegations of encroaching into executive (domain). Please.” His remarks reflected the judiciary’s awareness of the scrutiny it has faced in recent weeks from political leaders, especially from the ruling BJP.
The friction began after the Supreme Court’s judgment in the Tamil Nadu Bills case, where the court ruled that Governors cannot withhold state legislation indefinitely. The judgment invoked Article 142 of the Constitution to override the Governor’s actions and emphasized that constitutional interpretation lies within the court’s domain, not the executive’s.
Several BJP leaders have since voiced strong objections. MP Nishikant Dubey questioned the court’s role, stating, “If everything is to be decided by the Supreme Court, then Parliament and State Assemblies should be shut down.” He also accused the court of selective scrutiny in religious site disputes, claiming the judiciary was fueling communal tension.
Vice President Jagdeep Dhankhar also expressed concern over the court’s powers under Article 142, describing it as a “nuclear missile against democratic forces.” BJP leader Dinesh Sharma added that no one can issue directions to the President, who he called “supreme.”
As criticism mounted, BJP national president JP Nadda publicly distanced the party from such remarks. In a statement on social media, he clarified, “These are personal statements. The BJP neither agrees with nor supports them. The BJP completely rejects these comments.”
Justice Gavai’s remarks today highlight the judiciary’s cautious stance amid growing political pressure, and its intention to maintain the balance of power among the branches of government.
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