Chief Justice of India Surya Kant has declined a request from senior Congress leaders Mallikarjun Kharge and Rahul Gandhi for an in-person appointment to submit a memorandum ahead of the INDIA opposition bloc's march to the Supreme Court. The Chief Justice explained that holding a discussion on matters already pending before the apex court would conflict with the constitutional principle of separation of powers and judicial propriety.
The opposition leaders had written to the Chief Justice requesting an appointment to present a memorandum concerning the Chief Election Commissioner and the Election Commission of India, the arrest of several students, the closure of metro stations, and the cancellation of trains. In his response, Justice Kant pointed out that these specific issues were already sub judice.
The letter emphasized that within the constitutional framework, the Supreme Court does not possess administrative powers to address the grievances raised by the leaders. However, the Chief Justice noted that the court remains duty-bound through Article 32 and its judicial review powers to examine matters affecting citizens on the judicial side.
The Supreme Court reaffirmed its commitment to safeguarding the fundamental rights of all citizens, noting that individuals and groups are entitled to seek legal enforcement of these rights at any time. The CJI suggested that it would be more appropriate for the leaders to invoke the judicial powers of the court rather than seeking an administrative submission.
Noting that similar issues were already scheduled for a court hearing, the Chief Justice advised the leaders to file a formal petition either physically or through the digital e-filing system. He assured them that any such petition would be taken up for hearing at the earliest opportunity in accordance with the law.