NEW DELHI: Chief Justice of India (CJI) Surya Kant, in a letter to the Leader of Opposition in the Lok Sabha, Rahul Gandhi and the Leader of Opposition in the Rajya Sabha, Mallikarjun Kharge, has declined their request for an appointment to submit a memorandum on issues including the Election Commission, alleged arbitrary arrests of students, closure of metro stations and cancellation of trains, stating that the matters are already pending before the Supreme Court.
In his letter dated October 11, the CJI said convening a meeting to discuss pending cases would be contrary to the principle of separation of powers, an intrinsic feature of the Constitution, and incompatible with established judicial propriety.
Gandhi and Kharge had sought an appointment with the CJI on Monday, October 12, between 4 pm and 5 pm to submit a memorandum raising concerns over the Chief Election Commissioner and the Election Commission of India, alleged arbitrary arrests of several students, closure of metro stations and cancellation of trains, among other issues.
CJI Surya Kant had written to Rajya Sabha LoP Mallikarjun Kharge and Lok Sabha LoP Rahul Gandhi on 11th October.
“…convening a meeting to discuss pending cases would wholly contravene the principle of Separation of Powers, an intrinsic facet of the basic structure doctrine of the Constitution of India, and would be incompatible with the established ethics and judicial propriety.
In this vein, I also wish to remind you that within our constitutional framework, the Supreme Court of India is not endowed with any administrative powers to deal with the issues highlighted in your letter. However, in the exercise of our jurisdiction under Article 32 of our Constitution, along with other plenary powers, including that of judicial review, we are duty-bound to consider on judicial side the gravamen of issues affecting the citizens of India.Supreme Court of India reiterates its commitment to preserve and protect the Fundamental Rights of every citizen of India and they are entitled to seek enforcement of such rights at all hours through the procedure known in law. It would thus be more appropriate on your part to invoke the judicial powers of the Supreme Court of India, instead of submitting a memorandum on the administrative side.
Incidentally, some matters highlighting similar issues are scheduled for hearing on Tuesday, 13.10.2026. If so advised, you may submit your petition on Monday, either physically at the Supreme Court of India, between 10:30 A.M. and 04:30 P.M., or alternatively, by utilising the e-filing option, which permits filing at any time and on any day. You have my assurance that any such petition shall be heard at the earliest possible opportunity, in accordance with the law.”
— ANI (@ANI) October 12, 2026
“At the very outset, it may be noted that the issues referred to hereinabove are already sub judice before the Supreme Court of India”, the CJI said. He further stated that the Supreme Court does not have administrative powers under the constitutional framework to deal with the issues highlighted in the letter.
However, the CJI said the Supreme Court, in the exercise of its jurisdiction under Article 32 of the Constitution and its other powers, including judicial review, is duty-bound to consider grievances concerning issues affecting citizens on the judicial side.
Reiterating the court’s commitment to protecting the Fundamental Rights of every citizen, he said such rights could be enforced through procedures established by law. “It would thus be more appropriate on your part to invoke the judicial powers of the Supreme Court of India, instead of submitting a memorandum on the administrative side,” the letter stated.
The CJI also informed the opposition leaders that some matters highlighting similar issues were scheduled for hearing on Tuesday, October 13, 2026. He suggested that they could file their petition on Monday, either physically at the Supreme Court between 10.30 am and 4.30 pm or through the e-filing facility, which permits filing at any time and on any day.
Assuring them of an early hearing, the CJI said any such petition would be heard at the earliest possible opportunity, in accordance with the law. (ANI)
