The Supreme Court of India on Monday addressed mounting criticism from a section of BJP leaders, defending its landmark judgment that imposed a time limit on the President and Governors to clear Bills passed by state legislatures. Justice BR Gavai, who is slated to take over as Chief Justice next month, firmly pushed back against fresh allegations of “judicial overreach,” signaling the judiciary’s awareness of political discontent brewing over its recent interventions.
The sharp exchange came during the mention of a plea by Advocate Vishnu Shankar Jain, who sought urgent deployment of paramilitary forces in West Bengal following violence linked to protests against the Waqf Amendment Act. Jain also requested a Supreme Court-monitored investigation into the violence by a panel of three retired judges, as well as a report on the displacement of Hindus in Murshidabad.
Justice Gavai, responding to the plea, remarked pointedly: “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 the executive domain. Please.”
His comments reflect growing unease within judicial circles about the recent wave of criticism aimed at the court by BJP leaders, especially after the verdict in the Tamil Nadu Governor-Bill case.
BJP Leaders Take Aim at Supreme Court Over Landmark Verdict
The controversy began after the Supreme Court ruled that Governors cannot withhold Bills passed by state legislatures indefinitely — branding such actions “arbitrary.” The court invoked its special powers under Article 142 to nullify the Governor’s inaction, asserting that constitutional review lies squarely with the judiciary, not the executive.
The ruling also urged the President of India to consult the Supreme Court on Bills that raise constitutional questions — a move that irked some members of the BJP.
Godda MP Nishikant Dubey lashed out, claiming the court was usurping the powers of Parliament: “The Supreme Court is crossing its limits. If one has to go to the Supreme Court for everything, then Parliament and State Assemblies should be shut down.”
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Dubey went further, accusing the judiciary of stoking communal discord: “When the Ram Mandir, Krishna Janmabhoomi, or Gyanvapi issue arises, you ask for papers. But for mosques built after the Mughals came, you say papers aren’t needed. The Supreme Court is responsible for inciting religious wars in this country.”
BJP leader Dinesh Sharma also criticized the court’s authority to direct constitutional heads, asserting: “The President is supreme, no one can challenge the President.”
Vice-President and BJP Top Brass Step In
The debate reached the upper echelons of power when Vice-President Jagdeep Dhankhar questioned the judiciary’s expansive use of Article 142: “Article 142 has become a nuclear missile against democratic forces, available to the judiciary 24×7. How can you direct the President of India?”
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As the Opposition accused the BJP of orchestrating a campaign to undermine judicial independence, BJP National President JP Nadda attempted damage control. Speaking on the party’s behalf, Nadda distanced the BJP from the MPs’ remarks: “These are their personal statements. The BJP neither agrees with nor supports such statements. The BJP completely rejects these statements.”
A Judiciary-Executive Standoff Brewing?
The Supreme Court’s insistence on constitutional accountability and its landmark judgments in recent months — from the Governor’s Bill clearance case to its interventions in electoral bond transparency and legislative disqualifications — have fueled accusations of judicial overreach, especially from within the ruling party.
With Justice BR Gavai preparing to take over as Chief Justice, the judiciary appears poised to hold firm, despite escalating political pressure and attempts to undermine its credibility.
