New Delhi [India], October 12 : In response to a letter from Lok Sabha Leader of Opposition Rahul Gandhi and Rajya Sabha Leader of Opposition Mallikarjun Kharge seeking a meeting with Chief Justice of India (CJI) Surya Kant to deliberate on issues arising from the ongoing protests in Delhi, the CJI on Sunday declined their request to meet and receive a memorandum, citing the separation of powers doctrine and saying that the issues raised involved matters pending before the Court.
The CJI said the issues raised by the two Opposition leaders were already before the Supreme Court and that discussing them in an administrative meeting would be contrary to the constitutional principle of separation of powers (SoP) and judicial propriety.
In a letter to the two Opposition leaders, CJI Surya Kant said the issues raised by them — concerning the Chief Election Commissioner/Election Commission of India, alleged arbitrary arrests of students, closure of metro stations and cancellation of trains — were “already sub judice before the Supreme Court of India.”
“Therefore, 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,” the CJI said.
The CJI further said that the Supreme Court did not have administrative powers to deal with the issues highlighted in their 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 the judicial side the gravamen of issues affecting the citizens of India,” he said.
The CJI reiterated the Supreme Court’s commitment to protecting the fundamental rights of citizens and said they were 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,” CJI Surya Kant said.
He also pointed out that matters raising similar issues were scheduled for hearing before the Supreme Court on Tuesday, October 13, 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,” the CJI said.
He assured the Opposition leaders that any such petition would be heard “at the earliest possible opportunity, in accordance with the law”.
Rahul Gandhi, the Leader of Opposition in the Lok Sabha, and Mallikarjun Kharge, the Leader of Opposition in the Rajya Sabha, had sought an appointment with the CJI to submit a memorandum concerning issues arising from the protests.
According to the CJI’s letter, the memorandum concerned four principal issues — the Chief Election Commissioner/Election Commission of India; the alleged arbitrary arrest of several students; closure of metro stations; and cancellation of trains, among other matters.
The CJI declined to discuss these issues on the administrative side, pointing out that related matters were already pending before the Supreme Court and could instead be raised through the judicial process.