CJI's 'separation of powers' reminder while saying no to meeting INDIA bloc leaders

In his refusal to meet Congress leaders Rahul Gandhi and Malikarjun Kharge, Chief Justice of India Surya Kant said that a meeting to discuss issues already pending before the Supreme Court would go against the principle of separation of powers.The letter, accessed by India Today TV, outlines why the CJI turned down the Congress leaders’ request for an appointment on Monday to submit a memorandum ahead of the INDIA bloc’s planned march to the Supreme Court over its demands concerning Chief Election Commissioner Gyanesh Kumar.Besides the CEC's resignation, the memorandum was also expected to press for an end to "vote theft", a halt to the Special Intensive Revision (SIR) of electoral rolls and a return to the paper ballot system.In his letter dated October 11, CJI Kant said the issues raised in their request were already sub judice and that discussing pending cases in a meeting would be incompatible with judicial propriety. “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,” he said.Further in the letter, CJI Kant clarified that the Supreme Court did not have administrative powers to address the issues highlighted by the Congress leaders. He, however, stressed that the court was duty-bound to consider matters affecting citizens’ rights through judicial proceedings. “The Supreme Court of India reiterates its commitment to preserve and protect the Fundamental Rights of every citizen of India,” the letter said, adding that citizens were entitled to seek enforcement of these rights through the procedure established by law.The CJI went on to say that it would be more appropriate for Gandhi and Kharge to invoke the Supreme Court’s judicial powers rather than submit a memorandum on the administrative side.He also pointed out that matters involving similar issues were scheduled to be heard on Tuesday.“If so advised, you may submit your petition on Monday, either physically at the Supreme Court of India, between 10.30 a.m and 4.30 pm, or alternatively, by utilising the e-filing option, which permits filing at any time and on any day,” the letter stated.The CJI assured the leaders that any petition filed would be heard at the earliest possible opportunity, in accordance with the law.On October 9, leaders of several INDIA bloc parties marched from Parliament to Vijay Chowk and later submitted a memorandum to President Droupadi Murmu. Kharge had said the opposition leaders wanted to apprise the CJI of their concerns, adding that they could only request a meeting.“We have sought time (with the CJI). We will apprise him, as we cannot demand. We can only request him with folded hands,” the Rajya Sabha MP said at the time.The INDIA bloc is yet to begin its “Chalo Delhi – March for Democracy” protest march to the Supreme Court on Monday over its demands concerning alleged electoral irregularities. The march will commence at the Barakhamba Road junction.As per Rahul Gandhi, the march would bring together people across political parties, gender, caste, community and state.- Ends(Inputs by Sambhavi)