'As it is, we are alleged of encroaching upon parliamentary & executive functions': SC amid remarks on judiciary

NEW DELHI: The Supreme Court on Monday expressed concern over being accused of overstepping its constitutional limits, as it heard a petition to invoke Article 355 in West Bengal, citing the recent violence in Murshidabad over protests against the Waqf Amendment Act , which was recently passed in the Parliament.

These remarks from the top court came against the backdrop of sharp criticism by BJP MPs over its observations on the Waqf Act, which have stirred political debate.

Justice B R Gavai , heading the bench alongside Justice Augustine George Masih , said, “As it is, we are alleged of encroaching upon the parliamentary and executive functions,” responding to a request for directions to the Centre under Article 355 of the Constitution.

The observation came during a mention by Advocate Vishnu Shankar Jain, who urged the court to take up a new application seeking invoking Article 355 , which refers to President’s Rule, in West Bengal in light of the violence.

Jain, who had filed a 2021 PIL after post-election violence in the state, said the fresh plea highlighted new incidents.

“In tomorrow's list item 42 pertains to imposition of President Rule in the state of West Bengal. That petition is filed by me. In that petition, I have filed an IA (application) for directions and impleadment bringing out certain more incidents of violence which have happened in the state of West Bengal,” Jain submitted.

Citing Article 355, which mandates the Union to protect states from external aggression and internal disturbance, Jain said a report on the ground situation should be sought.

He added, “When the matter will come up, I will demonstrate how the violence happened.”