CJI Rejects Meeting Request from Rahul Gandhi and Kharge
CJI Surya Kant declined a meeting with Rahul Gandhi and Mallikarjun Kharge, stating that their concerns regarding the Election Commission are sub judice.
In a significant move regarding the interaction between the judiciary and the political opposition, Chief Justice of India (CJI) Surya Kant has declined a request for an appointment from Lok Sabha Leader of Opposition Rahul Gandhi and Rajya Sabha Leader of Opposition Mallikarjun Kharge. The leaders had sought to meet the CJI to submit a memorandum addressing several pressing national concerns.
Issues Raised by Opposition Leaders
The memorandum sought by the opposition leaders touched upon several sensitive topics, including:
- Concerns regarding the Chief Election Commissioner and the Election Commission of India.
- Allegations of arbitrary arrests of various students.
- The closure of metro stations and the cancellation of trains.
The leaders had specifically requested a meeting on Monday, October 12, between 4 pm and 5 pm to formally present these grievances.
Separation of Powers and Judicial Propriety
In a formal letter dated October 11, the CJI explained why such a meeting could not take place. He emphasized that many of the issues raised are already sub judice, meaning they are currently under consideration by the Supreme Court of India.
The CJI highlighted two critical constitutional reasons for declining the meeting:
- Separation of Powers: He stated that convening a meeting to discuss pending cases would violate the principle of the separation of powers, which is an intrinsic feature of the Indian Constitution.
- Judicial Propriety: The CJI noted that such an interaction would be incompatible with established judicial propriety.
Furthermore, the CJI clarified that the Supreme Court does not possess administrative powers under the constitutional framework to address these specific issues through an administrative meeting.
The Path Forward: Invoking Judicial Power
While declining the administrative meeting, the CJI reassured the opposition leaders of the court's commitment to protecting the Fundamental Rights of every citizen. He noted that the Supreme Court is duty-bound to consider grievances affecting citizens through its judicial jurisdiction under Article 32 of the Constitution and its power of judicial review.
The letter advised the leaders that it would be more appropriate to invoke the judicial powers of the Supreme Court rather than submitting a memorandum on the administrative side. The CJI suggested that they file a formal petition, which can be done physically at the Supreme Court or through the e-filing facility.
The CJI also informed the leaders that certain matters involving similar issues were already scheduled for hearing on Tuesday, October 13, 2026. He assured them that any such petition filed would be heard at the earliest possible opportunity in accordance with the law.