The Supreme Court of India said decisions on law and order in West Bengal rest with the political executive.
The court highlighted the separation of powers and the limited scope of judicial interference in administrative matters.
The observation came during proceedings related to concerns over the state’s law and order situation.
‘Political Executive Will Decide On Bengal Law and Order,’ Says Supreme Court
Top court underscores limits of judicial intervention, reiterates that maintaining law and order falls within the domain of the executive.
Summary
On the day of counting for the West Bengal Assembly elections, the Supreme Court of India declined to entertain a plea seeking the deployment of central forces to prevent potential post-poll violence in West Bengal. The court instead asked the petitioner to move the Calcutta High Court for appropriate relief.
The matter was mentioned before a Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi. Senior Advocate V. Giri, appearing for an organisation, raised concerns about the possibility of violence, citing incidents reported after the 2021 Assembly elections. He urged the court to consider measures such as forming a monitoring committee, possibly headed by a former Supreme Court judge, to ensure adequate deployment of forces.
However, the Bench maintained that the petitioner should seek remedy before the High Court. During the hearing, it was also noted that the role of the Election Commission of India concludes after the declaration of results, a point acknowledged by counsel representing the poll body.
Reiterating the constitutional framework, the Bench observed that decisions relating to law and order are the responsibility of the State government. “The political executive of the State will decide,” the court said, underlining that such matters fall within the executive’s domain.
The court further noted that the main writ petition filed by the organisation is already scheduled for hearing on May 11, and indicated that it would take up the matter on the designated date.
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