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“We Are Criticised for Interfering with Executive & Legislative Functions...": Supreme Court
During a hearing on Monday, Supreme Court Justice B R Gavai commented on increasing criticism directed at the judiciary for allegedly overstepping its constitutional limits. His remarks come after BJP MP Nishikant Dubey commented on role of the judiciary in legislative and executive matters, however, the saffron party distanced itself from these remarks.
While hearing an unrelated petition seeking regulation of sexually explicit content on OTT platforms, Justice Gavai emphasised that such regulation should be the responsibility of the central government. “Who can control it? It is for the Union to frame a regulation in that regard,” he stated.
He further commented on the growing narrative that the judiciary is encroaching on functions traditionally reserved for Parliament and the executive. “As it is, we are now criticised that we are interfering with the executive's function, the legislative functions,” Justice Gavai told advocate Vishnu Shankar Jain.
His remarks followed a series of pointed statements from top political figures accusing the judiciary of judicial overreach.
Last Thursday, Vice President Jagdeep Dhankhar voiced strong concerns about what he perceived as the judiciary acting beyond its constitutional mandate. “So, we have judges who will legislate, who will perform executive functions, who will act as super Parliament and have no accountability because the law of the land does not apply to them,” Dhankhar said.
He also took issue with a judicial directive involving the President of India, questioning its constitutional validity. “We cannot have a situation where you direct the President of India and on what basis? The only right you have under the Constitution is to interpret the Constitution under Article 145(3),” he asserted.
Following the Vice President’s remarks, BJP MP Nishikant Dubey echoed similar sentiments on social media. In a post written in Hindi on platform X, Dubey suggested that if the judiciary continues to assume legislative responsibilities, there would be no need for Parliament or state assemblies.
Dubey’s remark came a day after his party, BJP, distanced itself from a statement that he made on the functioning of the judiciary and the role of the Chief Justice. “The Bharatiya Janata Party has nothing to do with the statements made by BJP MPs Nishikant Dubey and Dinesh Sharma on the judiciary and the Chief Justice of the country. These are their personal statements, but the BJP neither agrees with such statements nor does it ever support such statements. The BJP completely rejects these statements…I have instructed both of them and everyone else not to make such statements,” said JP Nadda.
