"We are accused of acting beyond our mandate": SC Justice Gavai on judicial criticism

Amid growing tensions between different branches of government, the Supreme Court on Monday addressed criticisms regarding alleged judicial overreach. Justice B R Gavai remarked during a hearing that the judiciary was often accused of encroaching on parliamentary and executive functions.

Justice Gavai’s comment came during the hearing of a plea seeking the Centre’s regulation of sexually explicit content on OTT platforms. He emphasized that it was the Union government's responsibility to frame regulations on such matters, subtly highlighting the judiciary’s limited role. "As it is, we are alleged to be encroaching upon the parliamentary and executive functions," he told the advocate representing the petitioner.

This observation follows recent statements by Vice President Jagdeep Dhankhar and BJP MP Nishikant Dubey, who criticized the judiciary’s expanding influence. Dhankhar had earlier expressed concern over the Supreme Court acting like a "super Parliament," warning that such actions disrupt the balance of power. He questioned judicial directives aimed at constitutional authorities like the President.

Echoing Dhankhar’s sentiments, BJP MP Nishikant Dubey posted on social media suggesting that Parliament and state assemblies should be shut if the judiciary were to take over the law-making process. However, BJP President JP Nadda later clarified that Dubey’s remarks reflected his personal opinion and not the party’s official stance.

The Supreme Court’s reaction highlights an ongoing debate about the separation of powers in India. It underscores the judiciary’s position that it interprets laws within constitutional bounds, despite political leaders accusing it of stepping beyond its domain.

As the debate intensifies, the judiciary remains firm on its constitutional role, even as calls for maintaining the traditional boundaries between the three branches of government grow louder.