CJI cites separation of powers doctrine in declining meeting with Rahul Gandhi over CEC's removal

Chief Justice of India (CJI) Surya Kant on Sunday (Oct 12) declined requests from Congress president Mallikarjun Kharge and MP Rahul Gandhi, who wanted to meet him Monday to apprise him about "vote chori" allegations amid protests in Delhi seeking CEC Gyanesh Kumar's resignation. In a letter responding to Rajya Sabha Leader of Opposition Mallikarjun Kharge and Lok Sabha Leader of Opposition Rahul Gandhi, the CJI listed the powers of the apex court and clarified that the matter is sub-judice and hence a meeting on the same issue would not be legal. The CJI cited the separation of powers doctrine and saying that the issues raised involved matters pending before the Court.

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The CJI said that the issues were already pending before the Supreme Court and that discussing them in a meeting would violate the separation of powers and judicial propriety. The CJI clarified that the court could not address these concerns through its administrative powers and advised the leaders to seek judicial intervention instead. He said they could file a petition physically on October 12 between 10:30 am and 4:30 pm or through e-filing, assuring them that it would be heard at the earliest opportunity. He also noted that related matters were scheduled for hearing on October 13.

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.

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Meanwhile, Rahul Gandhi addressed a press conference on Monday ahead of INDIA bloc's march to Supreme Court. He announced that the INDIA bloc respects the Supreme Court and the Chief Justice of India, adding that the suggestion to file a petition had provided a way forward. He said that the INDIA bloc will continue with its march to the Supreme Court – this time to file a petition – as suggested by the CJI.