New Delhi: Chief Justice of India Surya Kant has told Lok Sabha Leader of the Opposition Rahul Gandhi and Rajya Sabha Leader of the Opposition Mallikarjun Kharge to approach the Supreme Court through a judicial petition rather than seek an administrative meeting over issues already pending before the court.
In a letter dated October 11, 2026, the Chief Justice said a meeting to discuss pending cases would contravene the principle of separation of powers and would be incompatible with established ethics and judicial propriety. He assured the two leaders that any petition they filed would be heard at the earliest possible opportunity in accordance with the law.
Four issues in request for appointment
The letter acknowledged their October 10 communication seeking an appointment on Monday, October 12, between 4 pm and 5 pm to submit a memorandum. According to the Chief Justice’s reply, the proposed memorandum concerned the Chief Election Commissioner and Election Commission of India, the alleged arbitrary arrest of several students, the closure of metro stations and the cancellation of trains, among other issues.
Surya Kant said the issues referred to were already sub judice before the Supreme Court. Discussing pending cases at a meeting would run against separation of powers, which he described as an intrinsic facet of the Constitution’s basic structure doctrine.
Judicial route for enforcement of rights
The Chief Justice said the Supreme Court did not have administrative powers to deal with the issues raised in the leaders’ letter. On the judicial side, however, he said the court was duty-bound to consider issues affecting citizens through its jurisdiction under Article 32 and its other plenary powers, including judicial review.
He reiterated the court’s commitment to preserving and protecting every citizen’s fundamental rights and said people could seek enforcement of those rights at all hours through the procedure recognised by law. For that reason, he advised the leaders to invoke the court’s judicial powers instead of submitting a memorandum on the administrative side.
Petition filing and hearing assurance
The October 11 letter noted that some matters raising similar issues were scheduled for hearing on Tuesday, October 13, 2026. It said the leaders could, if advised, file a petition physically at the Supreme Court on Monday, October 12, between 10.30 am and 4.30 pm.
Alternatively, the Chief Justice pointed to the e-filing facility, which permitted filing at any time and on any day. He assured them that any such petition would be heard at the earliest possible opportunity in accordance with the law.
