Judiciary versus Executive: ‘We are accused of encroaching upon parliamentary and executive function’, says SC
In a veiled reference to recent remarks of Vice President Jagdeep Dhankhar and BJP MP Nishikant Dubey against the judiciary, the Supreme Court on Monday said it’s being accused of encroaching upon parliamentary and executive functions.
“You want us to issue writ of mandamus to the President to impose this? As it is, we are alleged to have encroached upon parliamentary and executive functions,” a Bench led by Justice BR Gavai told advocate Vishnu Shankar Jain after he mentioned a plea on recent violence against Hindus in West Bengal during protests over the Waqf (Amendment) Act, 2025.
“There is a need for immediate deployment of paramilitary forces. This matter is listed tomorrow. I have filed an additional application seeking implementation of Article 355 of the Constitution as well,” Jain told the Bench.
Seeking liberty to file an application to bring certain additional facts on record in a petition listed for hearing on Tuesday, Jain said there was a need to deploy central forces in West Bengal.
The plea filed by West Bengal resident Devdutta Majid has sought setting up of a three-member committee headed by a retired Supreme Court judge to probe the violence that broke out in Murshidabad in West Bengal against the Waqf (Amendment) Act, 2025, targeting the Hindu community.
Vice President Dhankhar had last week questioned the Supreme Court over setting a timeline for the President to take decisions on Bills referred to her by governors.
Addressing the sixth batch of Rajya Sabha interns, Dhankhar had said, “We never bargained for a democracy where the President is bound by timelines… where judges legislate, perform executive functions, act as super Parliament and have absolutely no accountability because the law does not apply to them.”
Dhankhar – himself a senior advocate — had questioned the judiciary setting a timeline for the President to take decisions and act as a “super Parliament”, saying the Supreme Court cannot fire Article 142 as a “nuclear missile” at democratic forces.
“So, we have judges who will legislate, who will perform executive functions, who will act as super Parliament and absolutely have no accountability because the law of the land does not apply to them,” the Vice President had said.
Several opposition leaders and legal luminaries, including Kapil Sibal had criticised Dhankhar for his comments critical of the Supreme Court.
BJP MP Nishikant Dubey had said Parliament and state assemblies should be shut if the Supreme Court had to make laws. The Godda MP had also taken a swipe at Chief Justice India Sanjiv Khanna, holding him responsible for “civil wars” in the country.
India