The Supreme Court on Monday pushed back against recent allegations of judicial overreach, with Justice B.R. Gavai remarking that the judiciary is being accused of encroaching upon parliamentary and executive domains. The comment came during a hearing unrelated to the controversy, as the court considered a plea seeking regulation of sexually explicit content on OTT platforms.
Justice Gavai, heading the bench, stated, “It is for the Union to frame a regulation in that regard,” emphasizing the judiciary’s limited role. “As it is, we are now criticised that we are interfering with the executive and legislative functions,” he told advocate Vishnu Shankar Jain.
The remarks come in the wake of pointed criticism from Vice President Jagdeep Dhankhar and BJP MP Nishikant Dubey. Dhankhar recently claimed that the judiciary was acting like a “super Parliament,” asserting that judges were legislating, executing, and operating without accountability. He questioned the legality of courts directing even the President of India, stating the judiciary’s primary function under Article 145(3) is to interpret the Constitution.
Nishikant Dubey escalated the rhetoric by suggesting that if the Supreme Court was responsible for making laws, then Parliament and state assemblies should be shut down. The BJP has since distanced itself from Dubey’s remarks, with party president JP Nadda clarifying that the comments were personal and not reflective of the party’s stance.
The ongoing debate underscores growing tensions between the judiciary and the political establishment over the separation of powers and institutional boundaries.