Next CJI Says SC Accused Of Encroaching Executive, Parliamentary Domain
Justice Gavai's comment came while the apex court bench, also comprising Justice Augustine George Masih, was considering a fresh plea seeking an inquiry into the recent violence in West Bengal during anti-Waqf law protests.
New Delhi:Justice B.R. Gavai — next in line to become Chief Justice of India on May 14 — said in open court on Monday that the Supreme Court is already being accused of “encroaching upon parliamentary and executive functions,” remarks that came amid a public sparring match between senior BJP figures and the judiciary.
Justice Gavai’s comments surfaced twice during separate hearings: While taking note of an interlocutory application seeking a fact-finding panel and possible Article 355 action over recent anti-Waqf law clashes in Murshidabad, he told petitioner advocate Vishnu Shankar Jain, “As it is, we are alleged of encroaching upon the parliamentary and executive functions.” Again, while hearing a PIL demanding a curb on pornographic material on streaming platforms, the judge said regulation “is for the Union to frame,” and fixed the matter for next week.
Jain’s application, filed in a 2021 petition that asks for President’s Rule in West Bengal, seeks a three-member committee led by a retired Supreme Court judge to probe violence from 2022 to April 2025 and urges the Centre to consider directives under Article 355. The main petition is listed Tuesday.
Justice Gavai’s caution follows sharp criticism of the Court by Vice-President Jagdeep Dhankhar and BJP MP Nishikant Dubey. Dhankhar last week accused the Court of acting like a “super Parliament” after it set timelines for presidential assent to state bills, while Dubey suggested legislatures could “shut shop” if the apex court continued to “make laws.” Both men also lashed out at the judiciary over its observations on the Waqf (Amendment) Act.
Communal violence linked to the Act has left at least three dead in Murshidabad and sparked further clashes in Bhangar, South 24 Parganas, on 14 April.
The Supreme Court will decide next week whether to take up the fresh West Bengal violence plea alongside the existing petition.
