‘We are alleged to be encroaching upon parliamentary, executive functions’: Supreme Court
Vice President Jagdeep Dhankhar and BJP MP Nishikant Dubey recently made disparaging remarks against the judiciary.
Supreme Court judge, Justice B R Gavai, on Monday commented during a hearing that the apex court was being criticised for “encroaching” on the parliament's functions. The remark came amid a row triggered by BJP MP Nishikant Dubey, who accused the court of judicial overreach.
"As it is, we are alleged to be encroaching upon the parliamentary and executive functions," Supreme Court Justice B R Gavai said, hearing an unrelated plea.
Also Read: ‘Supreme Court responsible for inciting religious wars’: BJP MP Nishikant Dubey
Hearing a plea seeking the Centre's prohibition of sexually explicit content on OTT platforms, Justice Gavai, who was heading the bench, said: "Who can control it? It is for the Union to frame a regulation in that regard."
"As it is, we are now criticised that we are interfering with the executive's function, the legislative functions," Justice Gavai told advocate Vishnu Shankar Jain.
Remarks about the judiciary
Vice President Jagdeep Dhankhar, on Thursday, expressed concern over the Supreme Court acting like a “super Parliament”.
“So, we have judges who will legislate, who will perform executive functions, who will act as super Parliament and have no accountability because the law of the land does not apply to them,” he said.
Also Read: ‘Don’t need our nod to file contempt plea': SC to petitioner on Nishikant Dubey's remarks
He also expressed frustration at a directive being issued to the President, and said, “We cannot have a situation where you direct the President of India and on what basis? The only right you have under the Constitution is to interpret the Constitution under Article 145(3)."
Soon after, BJP MP Nishikant Dubey, in a post on X in Hindi, said that Parliament and assemblies should be shut if the top court was responsible for making laws.
The BJP distanced itself from Dubey's comments, with party president JP Nadda stating that they were the BJP MP's personal views.
