'As it is, we're facing allegations of encroaching into executive': SC on President's rule in West Bengal, hearing tomorrow

The Supreme Court on Monday refused to pass any directions on a petition seeking the deployment of paramilitary forces in West Bengal following the violence in Murshidabad over the Waqf (Amendment) Act. The matter came up before a two-judge bench comprising Justices BR Gavai and Augustine George Masih. 

Advocate Vishnu Shankar Jain mentioned a matter related to a writ petition seeking President's rule in West Bengal. The bench was quoted as saying by India Today: "You want us to issue writ of mandamus to the President to impose this? As it is, we are facing allegations of encroaching into executive (domain)."

Besides the deployment of paramilitary forces in the state, the plea sought the constitution of a three-member committee headed by a retired judge of the top court to probe the violence that gripped Murshidabad after the amended Waqf Act was passed.

The Supreme Court has come under the radar for its two recent rulings -- setting a timeline for the President to take decisions on bills sent by governors as well as staying select provisions of the Waqf (Amendment) Act.

Last week, Vice President Jagdeep Dhankhar attacked the apex court over its direction against the President. While addressing a batch of Rajya Sabha interns, he said that India was never meant to be a democracy wherein judges function as lawmakers, the Executive and even a "super Parliament". 

While warning against judicial overreach, Dhankhar said: "So we have judges who will legislate, who will perform executive functions, who will act as super Parliament, and absolutely have no accountability because law of the land does not apply to them."

V-P Dhankhar even likened Article 142 of the Indian Constitution to a "nuclear missile" in the hands of the judges against the democratic institutions. He further said that this provision is "available to the judiciary 24x7". 

Not just V-P Dhankhar, BJP MP Nishikant Dubey also condemned the top court and said that there is no need for Parliament in the country if the Supreme Court wants to make laws. "If the Supreme Court has to make laws, then Parliament should be shut down," Dubey said in a post on X (formerly Twitter). 

Meanwhile, the matter pertaining to President's rule in West Bengal has been listed for hearing on Tuesday.