Chief Justice of India Surya Kant has turned down a request by Congress leaders Mallikarjun Kharge and Rahul Gandhi for an administrative meeting to submit a memorandum on issues including the Election Commission, student arrests, and transit disruptions, stating that doing so would violate the constitutional principle of separation of powers.

In his response to their October 10 letter, the CJI noted that the concerns raised are already pending before the Supreme Court on the judicial side and advised the leaders to instead invoke the court's judicial jurisdiction by filing a petition, which he assured would be heard at the earliest opportunity.

In the letter, CJI Surya Kant has said, "At the very outset, it may be noted that the issues referred to hereinabove are 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 letter was written by both Kharge and Gandhi on October 10, 2026, seeking an appointment between 4 p.m. to 5 p.m. to submit a memorandum concerning: (a) the Chief Election Commissioner / Election Commission of India; (b) the arbitrary arrest of several students; (c) the closure of metro stations; and (d) the cancellation of trains, among other issues.

In the response, the Chief Justice has said that, as the matter is already pending before the Supreme Court, it would contravene the principle of separation of powers.

It was added, "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."

The letter also affirmed 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 was added that it would thus be more appropriate to invoke the judicial powers of the Supreme Court of India, instead of submitting a memorandum on the administrative side. 

Chief Justice also mentioned that 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", it said.

The Supreme Court, in a special hearing held on Sunday, issued notice in a contempt plea against Union and Delhi officials for alleged non-compliance with its orders regarding the restriction of metro services, internet suspensions, and widespread detentions during recent protests.

Raising serious concerns over citizens' fundamental rights to peaceful assembly and movement, the apex court ordered the immediate removal of Section 163 BNSS notice boards around the Supreme Court premises to ensure unhindered access to justice, while directing the authorities to submit a detailed affidavit explaining the closure of 45 metro stations and public transit curbs.

All the matters related to the issue will be heard on Tuesday, i.e. October 13, 2026.

Click here to read/download the Letter

Tags: