As it is, we are being accused of interfering with Parliamentary and Executive functions: SC Bench to petitioner
Justice B.R. Gavai’s remark was in response to a plea to direct the Union government to invoke emergency powers and ‘protect’ the State of West Bengal from violence
The Supreme Court recently addressed a petition requesting the Union government to invoke emergency powers and protect the state of West Bengal from violence, questioning whether such action would constitute a judicial intrusion into the realms of the Executive and Legislature. Justice B.R. Gavai, who is recommended for appointment as the next Chief Justice of India, expressed concern about the judiciary encroaching on government and parliamentary territories, following a prior April 8 judgment in the Tamil Nadu Governor case.
The court's comments come in response to a plea by Vishnu Shankar Jain, who sought the judiciary's intervention to invoke Article 355 of the Constitution, which mandates the Union to protect states against external aggression and internal disturbance. The petition, filed by Jain, cited communal violence and deaths in West Bengal during protests against the Waqf (Amendment) Act, 2025.
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