The Supreme Court has recently found itself embroiled in a public exchange over accusations of judicial overreach, with Justice BR Gavai—who is poised to become the next Chief Justice of India—remarking that the judiciary is being accused of interfering in the legislative and executive spheres.
The remarks were made during hearings in two separate cases, the first concerning a PIL targeting platforms like Netflix and Amazon for distributing what was deemed obscene content. When advocate Vishnu Shankar Jain attempted to raise the issue, Justice Gavai, in a tone laced with irony, quipped, “No, no… then we are accused of interfering with legislative and executive functions.”
As Jain continued to press for action, Gavai, still with a touch of sarcasm, responded, “List it after two weeks—and dismiss it then,” which lightened the courtroom atmosphere with a burst of laughter. Despite the jest, the Court agreed to take up the matter at the next hearing and instructed Jain to serve the petition to the Union. The case will be heard next week.
Earlier in the day, during a hearing involving violence in Murshidabad linked to the Waqf (Amendment) Act, Justice Gavai made a similar comment, alluding to growing concerns of judicial encroachment on executive duties. “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,” he remarked.
The day’s proceedings also included an order confirming that the case will be heard again on April 22, addressing the application on paramilitary forces in West Bengal.
These remarks come amidst rising tension between the judiciary and political figures, particularly from the ruling BJP. Recently, Vice President Jagdeep Dhankar criticized the judiciary’s perceived lack of accountability, claiming that judges are immune from the law. He pointed to Article 142, which grants the Supreme Court extraordinary powers, accusing it of becoming a tool for judicial overreach.
Adding fuel to the fire, BJP MP Nishikant Dubey pointed fingers at Chief Justice Sanjiv Khanna, blaming the judiciary for exacerbating political strife in India. The exchange underscores the growing rift between the judiciary and executive, raising questions about the limits of judicial power in the country.
