‘We are alleged to be encroaching upon parliamentary, executive functions’: Supreme Court

Justice B R Gavai, a Supreme Court judge, stated at a hearing on Monday that the court was being chastised for "encroaching" on the powers of Parliament. The remark came amid a controversy sparked by BJP MP Nishikant Dubey, who accused the court of judicial overreach. "As it stands, we are alleged to be infringing on parliamentary and executive functions," Supreme Court Justice B R Gavai stated while hearing an unrelated petition.

Hearing a plea seeking the Centre's prohibition of sexually explicit content on OTT platforms, Justice Gavai, who presided over the bench, stated, "Who can control it? It is up to the Union to develop a regulation in that regard." "As it stands, we are now being accused of interfering with the executive and legislative functions," Justice Gavai told counsel Vishnu Shankar Jain. On Thursday, Vice President Jagdeep Dhankhar raised concern over the Supreme Court operating as a "super Parliament".

"So, we have judges who will legislate, who will perform executive functions, who will act as super Parliament and have no accountability because the law of the land does not apply to them," he told reporters.