The Supreme Court on Monday highlighted its concern over growing criticism about judicial interference in executive matters, during the hearing of a petition related to recent violence in West Bengal.
The petition, mentioned by Advocate Vishnu Shankar Jain, requested the Union Government's intervention in the State under Article 355 of the Constitution, citing incidents of "external aggression and internal disturbance" in West Bengal. The violence in question occurred in Murshidabad during protests against the Waqf Amendment Act.
The plea was presented before a bench comprising Justice BR Gavai and Justice Augustine George Masih. Jain sought permission to file an application with additional facts and also requested the deployment of central forces in the State to maintain order.
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The Court granted permission to file the application. However, Justice Gavai expressed concern over the judiciary being accused of crossing constitutional boundaries into executive and legislative domains.
“You want us to issue mandamus directing Union..? As it is, we are alleged of intruding on Parliamentary and Executive functions,”
— Justice BR Gavai
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This statement came amid the ongoing debate over the Supreme Court’s recent directions to the President regarding timely assent to bills. Last week, Vice President Jagdeep Dhankhar had strongly criticised the Supreme Court for allegedly overstepping its constitutional role.
“We are already facing allegations of intruding into the legislative and executive domains,”
— Justice BR Gavai
The petition is expected to be listed for detailed hearing soon.
