The Supreme Court on Monday responded to recent criticism from political figures who accused it of encroaching on parliamentary and executive domains. Justice B.R. Gavai, while hearing an unrelated plea, remarked on the growing narrative that the judiciary was overstepping its constitutional role.
“As it is, we are alleged to be encroaching upon the parliamentary and executive functions,” Justice Gavai observed during a hearing on regulating explicit content on OTT platforms.
This comes days after Vice President Jagdeep Dhankhar voiced concern over the judiciary’s expanding influence, claiming the Supreme Court was functioning like a “super Parliament”.
“We have judges who will legislate, perform executive functions, act like super Parliament — with no accountability,” Dhankhar said in a pointed criticism of the top court.
Adding to the controversy, BJP MP Nishikant Dubey echoed similar sentiments on X, questioning the relevance of Parliament if courts were assuming legislative powers. He went as far as to accuse the Supreme Court of inciting religious tensions, prompting backlash from legal circles.
The Supreme Court addressed Dubey’s remarks, with a bench telling a petitioner, “You don’t need our nod to file a contempt plea.”
Justice Gavai emphasized the court’s limitations, saying regulation of OTT content falls under the purview of the Union Government, not the judiciary.
The BJP has since distanced itself from Dubey’s comments. Party president JP Nadda clarified that the MP’s views were personal and not endorsed by the party.
