New Delhi (Rajeev Sharma): Chief Justice of India Surya Kant has written an important letter in response to a request for a meeting from Congress president Mallikarjun Kharge and Leader of the Opposition in the Lok Sabha Rahul Gandhi. In the letter, he clarified that holding an administrative-level meeting on matters already pending before the Supreme Court would not be consistent with judicial propriety and constitutional principles. However, he also suggested that the Congress leaders could approach the court through the established legal process to raise these issues.
According to a letter dated October 11, 2026, made public by the Congress party, Kharge and Rahul Gandhi had written to the Chief Justice on October 10, seeking an appointment between 4 pm and 5 pm on Monday, October 12. The two leaders wanted to submit a memorandum addressing issues concerning the Chief Election Commissioner and the Election Commission of India, alleged arbitrary arrests of several students, the closure of metro stations, the cancellation of trains and other matters.
In his response, Chief Justice Surya Kant stated that cases relating to these issues were already pending before the Supreme Court. Under such circumstances, holding a meeting to discuss matters under judicial consideration would run contrary to the constitutional principle of separation of powers. He emphasised that the separation of powers is an essential part of the Constitution’s basic structure and that the judiciary must uphold the standards of judicial ethics and propriety.
The Chief Justice further explained that, under India’s constitutional framework, the Supreme Court does not have the authority to resolve these matters through administrative intervention. However, the court has a responsibility to examine issues affecting citizens’ rights through judicial proceedings, including under Article 32 of the Constitution and its powers of judicial review. He therefore advised the Congress leaders to follow the judicial process rather than submit their memorandum through an administrative meeting.
In the letter, the Chief Justice also reiterated the Supreme Court’s commitment to protecting the fundamental rights of citizens. He stated that every citizen has the right to approach the court in accordance with the law to seek protection of their constitutional rights. According to him, invoking the court’s judicial powers is the appropriate course of action in such cases. Although he declined the meeting request, he left open the option of raising the concerns through formal legal proceedings.
The Chief Justice also informed the Congress leaders that hearings in certain cases concerning similar issues were scheduled for Tuesday, October 13, 2026. He said they could visit the Supreme Court in person on Monday, October 12, between 10:30 am and 4:30 pm to file a petition. The option of electronic filing was also available, allowing petitions to be submitted online at any time.
Chief Justice Surya Kant assured them that if a petition were filed, the court would hear it as soon as practicable in accordance with the law. His response underlined the distinction between administrative engagement and judicial proceedings. The letter did not make any final determination on the merits of the issues raised or the validity of the allegations associated with them.
The development has once again brought attention to questions surrounding judicial independence, the constitutional boundaries of institutions and the protection of fundamental rights. The Chief Justice’s letter emphasises that issues of public importance, regardless of which political party raises them, must be addressed through the prescribed judicial procedures when they concern matters before the court. It remains to be seen whether the Congress party will formally approach the Supreme Court with a petition on these issues.
