• Source:JND
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The Supreme Court raised concerns about facing accusations of encroaching into legislative and executive domains while hearing a petition requesting action to curb explicit content on over-the-top (OTT) platforms on Monday.

The Bench, led by Justices BR Gavai and AG Masih, acknowledged that the court might have limited authority in addressing the issue. Justice Gavai remarked, "This is either for the legislature or the executive to address. We are already facing allegations of encroaching into legislative and executive domains. Regardless, we will issue a notice."

Justice Gavai is set to become the next Chief Justice of India after the current Chief Justice, Sanjiv Khanna, completes his tenure on May 13.

Judiciary vs. Executive: An Ongoing Tense Debate

The apex court’s concerns come after a ruling in which it took a firm stance against Tamil Nadu Governor RN Ravi, who had delayed granting assent to ten bills passed by the state’s legislative assembly. The Supreme Court invoked Article 142 to bypass the Governor’s delay, calling his actions "unconstitutional" and affirming that the bills were considered to have received assent. As a result, the ruling DMK government published the bills as law in the government gazette. This decision marked a significant moment in India’s federal history, with state bills becoming law without the Governor’s approval.

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This ruling sparked a confrontation between the judiciary and the executive, with Vice-President Jagdeep Dhankhar strongly criticising the court’s use of Article 142 as a "nuclear missile" and accusing it of acting as a “super parliament.” The criticism led to sharp rebukes from opposition parties, including Congress, Trinamool Congress (TMC), DMK, and various legal experts, who argued that the Vice President’s comments undermined the judiciary and bordered on contempt.

Petition on OTT Content Regulation

The petition before the Supreme Court sought the establishment of a National Content Control Authority to regulate and prohibit the streaming of sexually explicit content on OTT and social media platforms. During the hearing, the Bench advised Solicitor General Tushar Mehta, representing the Centre, that the government should take appropriate action on the matter. Mehta informed the court that some regulations were already in place, while others were being considered.

The case has been adjourned, with notices set to be issued to the Centre, OTT platforms, and social media giants such as X Corp, Netflix, Amazon, Ullu Digital, ALTBalaji, MUBI, Google, Apple, and Meta.