The Hindu·5 min read·hard

As it is, we are being accused of interfering with Parliamentary and Executive functions: SC Bench to petitioner

T
The Hindu Bureau
As it is, we are being accused of interfering with Parliamentary and Executive functions: SC Bench to petitioner
AI Summary

The Supreme Court of India questioned the appropriateness of directing the Union government to invoke emergency powers in West Bengal, citing concerns about judicial overreach. Justice B.R. Gavai highlighted the court's sensitivity to criticisms regarding interference in executive and legislative functions.

Why it matters

The case underscores the ongoing tension between the Indian judiciary and the executive branch regarding the separation of powers.

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The Supreme Court on Monday answered a plea to direct the Union government to invoke emergency powers and “protect” the State of West Bengal from violence with a question on whether such a measure would amount to a judicial incursion into the domains of the Executive and Legislature.

Justice B.R. Gavai, who has been recommended to be appointed as the next Chief Justice of India, obliquely referred to criticism about the judiciary intruding on government and parliamentary terrains following an April 8 judgment in the Tamil Nadu Governor case. The court, in its verdict, had issued timelines to the President and Governors for clearing Bills. Vice-President Jagdeep Dhankar had criticised the judiciary for acting like a “super-Parliament”.

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