Supreme Court Questions Judicial Intervention in Executive and Legislative Functions

…Nadu Governor case. The court, in its verdict, had issued timelines to the President and Governors for clearing Bills. Vice-President Jagdeep Dhankar had criticised the judiciary for acting like a “super-Parliament”. “ You want us to issue a writ of mandamus to the Union government to deploy paramilitary forces… Will it not be interfering with the Legislative and Executive domains? As it is, we are being accused of interfering with Parliamentary and Executive functions ,” Justice Gavai remarked to advocate Vishnu Shankar Jain. The judge’s remark from the Bench was in response to a plea by Mr. Jain to hear his application to invoke Article 355 of the Constitution. Article 355 mandates…

…about the sources based on which the allegations had been made in the writ petition. The court questioned whether the pleadings and averments had been properly verified by Mr. Jha before filing his writ petition. “ The people you have mentioned in the petition have not even been parties. Can we accept these allegations? How will they defend themselves? How can we examine these allegations behind their backs? File a proper petition. Help us in doing justice to those who are voiceless ,” Justice Kant addressed Mr. Jha. The court allowed the lawyer to withdraw his petition to file an amended one. The hearing in Mr. Jha’s case was preceded by another filed by advocate-petitioner Vishal Tiwari, on the…