Remembering the controversial remarks by some BJP leaders on the judgement of setting the timeline for the President and Governors to clear the bill, Justice Gavai talks about the allegations of 'encroaching into executive'.
The Supreme Court of India reacted to the allegations of judicial overreach and criticism of judicial activities on Monday. In response to Advocate Jain's petition of imposing president rule in west bengal, the bench of Justice BR Gavai remarked, “We are facing allegations of encroaching into executive”.
Advocate Vishnu Shankar Jain submitted a petition regarding the imposition of president rule in West Bengal as Bengal has witnessed a huge violence during the Waqf (amendment) protest. Jain raised the matter before Justice BR Gavai, who will take over as the Chief Justice next month. Remembering the controversial remarks by some BJP leaders on the judgement of setting the timeline for the President and Governors to clear the bill, Justice Gavai said, “ You want us to issue a writ of mandamus to the president to impose this? As it is, we are facing allegations of encroaching into executive. Please.”
On April 8, for the very first time, the Supreme Court set a three month deadline for the President amnd Governors to give assent to Bills passed by the legislature for the second time. A bench of Justice JB Pardiwala and Justice R Mahadevan ordered that any delay beyond this period must be justified and urged state governments to coordinate with the centre in these matters. It also underlined that the President라이브 바카라 actions are subject to judicial review under Article 201 of the Indian Constitution.
The judgement was delivered amid a constitutional standoff in Tamil Nadu where the Governor RN Ravi had delayed assent of 10 bills. The Supreme Court called this ‘illegal’ and ‘arbitrary’ and set aside the Governor라이브 바카라 actions using special power under Article 142 of the Indian Constitution.
Vice President Jagdeep Dhankhar strongly criticised this judgement by the Supreme Court saying, “We can not have a situation where you direct the President of India, and on what basis?” He has addressed Article 142 as a ‘nuclear missile against democratic forces, available to the judiciary 24x7”. He also added, “Where are we heading? What is happening in the country? We have to be extremely sensitive. We never bargained democracy for this day”.
BJP MP Nishikant Dubey alleges that the Supreme Court is responsible for inciting religious wars in the country. He said that, “The Supreme Court is crossing its limits. If one has to go to the Supreme Court for everything, then Parliament and State Assemble should be shut”.
BJP chief JP Nadda posted on X “These are their personal statements, but the BJP neither agrees nor supports such statements. The BJP completely rejects these statements”. Nadda posted this on X after the opposition parties accused that BJP is targeting judiciary.