New Delhi: The Supreme Court Advocates-on-Record Association (SCAORA) on Monday reiterated its commitment to the independence of the judiciary, backing Chief Justice of India (CJI) Surya Kant’s stand that political parties seeking resolution of their grievances must approach the Supreme Court through the judicial process.
In a resolution passed by majority, the Bar body appreciated the CJI’s response to a request by the Leader of the Opposition in the Lok Sabha, Rahul Gandhi and the Leader of the Opposition in the Rajya Sabha, Mallikarjun Kharge, for an appointment to submit a memorandum on issues concerning the Election Commission of India (ECI), the arrest of students, closure of Metro stations and cancellation of trains, among others.
“SCAORA appreciates the stand taken by the Hon’ble Chief Justice of India in making it clear that political parties seeking resolution of their grievances must approach the Court through the judicial process,” the resolution passed on Monday stated. It added that any such grievance could be raised before the top court in accordance with law, where it could be considered independently and on its merits.
“No action should be taken that may obstruct the functioning of the Courts or hamper the fair and independent dispensation of justice,” the resolution stated. The association further stressed that the independence of the judiciary must be respected by all and that every grievance requiring judicial resolution must be pursued through the established legal process.
The resolution comes against the backdrop of a letter written by CJI Kant to Gandhi and Kharge after they sought an appointment on Monday between 4 p.m. and 5 p.m. to submit a memorandum on the issues. In his response, the CJI said the issues raised by the Opposition leaders were already pending before the Supreme Court and that a meeting to discuss them would be contrary to the constitutional principle of separation of powers.
“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,” he wrote.
The CJI also clarified that the Supreme Court did not have administrative powers to deal with the issues highlighted in the letter but was duty-bound to examine matters affecting citizens’ rights in the exercise of its judicial jurisdiction. “Supreme Court of India reiterates 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,” the letter stated.
He advised the Opposition leaders to invoke the apex court’s judicial powers rather than submit a memorandum on the administrative side, while assuring them that any petition filed in accordance with law would be heard at the earliest possible opportunity.
The CJI also informed them that matters highlighting similar issues were scheduled for hearing on Tuesday, October 13, and said they could file their petition either physically at the Supreme Court or through the e-filing facility.
Meanwhile, Gandhi and 10 other INDIA bloc leaders have moved the Supreme Court challenging the Election Commission of India’s Special Intensive Revision (SIR) of electoral rolls, alleging large-scale voter deletions and irregularities in the exercise.
The writ petition, filed on Monday, names the ECI, Chief Election Commissioner Gyanesh Kumar and Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi as respondents.
According to the case status available on the Supreme Court’s website, the petition was filed on October 12 under diary number 64196/2026 and is pending.
Apart from Gandhi and Kharge, the petitioners include Trinamool Congress leader Saugata Roy, Samajwadi Party chief Akhilesh Yadav, Rashtriya Janata Dal leader Tejashwi Prasad Yadav, Shiv Sena (UBT) leader Sanjay Raut, CPI(M) leader M.A. Baby, CPI leader D. Raja, Jharkhand Mukti Morcha leader Mahua Majhi, NCP (SP) leader Supriya Sule and Indian Union Muslim League leader E.T. Mohammed Basheer.
The move comes amid an escalating confrontation between Opposition parties and the poll body over the SIR exercise, with INDIA bloc leaders alleging that the revision process threatens electoral fairness and could lead to the exclusion of eligible voters from electoral rolls.
(IANS)
