Won’t directing Centre to ‘protect’ Bengal from violence amount to ‘judicial incursion’, asks SC [Pg1]

Key Highlights:

• The Supreme Court raised a constitutional question: Would a direction to the Centre to protect Bengal under Article 355 amount to judicial overreach into executive and legislative domains?

  • This was in response to a plea seeking deployment of paramilitary forces in Bengal amid violent protests linked to the Waqf (Amendment) Act, 2025.
  • Justice B.R. Gavai, who is set to be the next Chief Justice of India, voiced the concern of judiciary being seen as interfering with executive functions.

Detailed Insights:

Constitutional Tension

• Article 355 of the Constitution mandates the Union to protect states against internal disturbance and ensure governance as per the Constitution.

  • The Court questioned whether it can issue a writ of mandamus directing the Union to invoke Article 355, as this may trespass into executive discretion.

Broader Judicial-Executive Discourse

• This issue ties into a larger constitutional debate following the April 8 verdict on the Tamil Nadu Governor’s delay in assenting to Bills passed by the state legislature.

  • Vice President Jagdeep Dhankhar had previously criticized such judicial interventions as overreach into parliamentary and executive arenas.

Parallel Legal Developments

• Meanwhile, the Attorney-General’s permission was sought to initiate contempt proceedings against BJP MP Nishikant Dubey for remarks against the Supreme Court and CJI Sanjiv Khanna.

  • Another SC bench allowed a petitioner to withdraw his plea for a court-monitored SIT probe into Bengal violence.

Significance:

• Highlights the delicate balance between constitutional roles of judiciary, executive, and legislature.
• Invokes core debates on judicial activism vs. judicial restraint in the context of Centre-State relations.
• Raises important questions on accountability mechanisms during state-level disturbances and the Union’s constitutional duty.

Mains Mock Question:

Critically examine the constitutional mandate under Article 355. Discuss the scope and limits of judicial intervention in directing the Union government to invoke emergency powers to address internal disturbances in a state.