“We’re Already Accused of Overstepping”: Supreme Court Reluctant to Push Centre on Article 355 Over Bengal Violence

The Supreme Court has shown hesitation in directing the central government to invoke Article 355 of the Constitution in connection with the recent unrest in West Bengal’s Murshidabad district during protests against the Waqf Amendment Act.

A bench led by Justices BR Gavai and Augustine George Masih was hearing a petition filed by Advocate Vishnu Shankar Jain, urging the Court to compel the Centre to act on internal disturbance and uphold constitutional duty under Article 355. However, Justice Gavai noted, “You want us to issue a mandamus to the Union? As it is, we are already being accused of interfering with the roles of the Parliament and Executive.”

Instead of issuing a directive, the Court allowed the petitioner to file an application bringing additional facts on record and scheduled the matter for future hearing.

This cautious approach comes amid recent tensions between the judiciary and executive branches, notably following Vice President Jagdeep Dhankhar’s remarks objecting to the Court’s direction to the President regarding bill assent timelines.