GUWAHATI: The Supreme Court on Monday addressed, albeit indirectly, the recent accusations of judicial overreach from some BJP leaders while hearing a petition demanding the imposition of President’s Rule in violence-hit West Bengal.
During the proceedings, Justice BR Gavai—who is set to become the next Chief Justice of India—reacted to the plea by questioning the scope of judicial intervention. “You want us to issue a writ of mandamus to the President to impose this? As it is, we are already being accused of overstepping into the executive's domain,” he remarked.
The petition called for central intervention and the deployment of paramilitary forces in response to recent communal violence in Murshidabad, which claimed three lives and led to widespread property damage, including the torching of vehicles and ransacking of shops and homes.
The court’s comments come in the wake of heightened criticism from BJP leaders following two recent Supreme Court decisions: one directing that the President must act within a set timeframe on bills referred by governors, and another staying certain provisions of the amended Waqf Act.
Earlier this month, the court had invoked its special powers under Article 142 to clear 10 bills passed by the Tamil Nadu Assembly, which had been delayed by the Governor. For the first time, it also set a three-month deadline for presidential action on bills stuck in gubernatorial limbo. These rulings prompted sharp backlash from sections of the ruling party, including Vice President Jagdeep Dhankhar, who accused the judiciary of functioning like a "super Parliament."
Adding to the controversy, BJP MP Nishikant Dubey claimed that CJI Sanjiv Khanna was responsible for "all civil wars in the country" and posted on X (formerly Twitter) suggesting that Parliament be shut down if the Supreme Court is going to make laws. A Supreme Court lawyer has since sought contempt proceedings against him for his remarks.
Former Uttar Pradesh Deputy Chief Minister and BJP leader Dinesh Sharma also criticized the judiciary, stating that neither Parliament nor the President could be instructed by the courts.
Although the BJP leadership has distanced itself from the statements made by Dubey and Sharma—calling them personal views—opposition parties have seized on the moment to challenge the ruling party’s stance on judicial independence.
Ultimately, the Supreme Court declined to issue any directives regarding the request for President’s Rule or the deployment of security forces in West Bengal, choosing not to intervene further in the matter.
