The Opposition’s proposed intervention also comes amid its continuing campaign against the SIR exercise and allegations of irregularities in electoral rolls.
The Chief Justice of India (CJI) Surya Kant has declined a request by Opposition leaders to meet him on Monday, citing extensive reasons why such an interaction would not be appropriate at this juncture and in the present circumstances, dealing a setback to the Opposition’s plan to seek his intervention over the crackdown on a youth-led protest in Delhi and alleged irregularities in electoral processes.
Among the key reasons cited were the pendency of related matters before the Supreme Court in its judicial capacity and the CJI’s own adjudicatory role in petitions concerning these issues, people aware of the matter said.
Opposition’s meeting with CJI
The decision came hours after Congress president Mallikarjun Kharge and Leader of Opposition in the Lok Sabha Rahul Gandhi announced that they had sought time to meet the CJI between 4 pm and 5 pm on Monday. Kharge had said that he and Gandhi had written to the CJI, seeking an opportunity to apprise him of their concerns over the functioning of constitutional institutions and request his intervention.
The Opposition had planned to raise several issues, including the police action against protesters demanding the resignation of Chief Election Commissioner Gyanesh Kumar, the expeditious hearing of cases concerning the special intensive revision (SIR) of electoral rolls, and the composition of the committee that recommends appointments to the Election Commission.
The proposed meeting had not been confirmed by the CJI’s office when the Opposition announced its plans on Sunday. Kharge, speaking to reporters in Bengaluru, had said the delegation would place its concerns before the CJI with folded hands, adding that the leaders could not make demands of the head of the judiciary.
“We have scheduled a meeting between 4 and 5 pm, during which we will apprise him (CJI) of the situation. We cannot demand anything from him, but we will place our concerns before him with folded hands and request his intervention,” Kharge had said.
Protests in Delhi
The CJI’s refusal comes against the backdrop of four days of Opposition demonstrations in Delhi, including protests near the Election Commission of India (ECI), a sit-in at Rajghat and an attempt to march to the poll panel’s office. Opposition leaders had also met President Droupadi Murmu to raise their concerns over the Election Commission’s functioning and alleged electoral irregularities.
Kharge on Sunday accused the Narendra Modi-led government of imposing an “undeclared Emergency” in the country, alleging that the heavy police deployment and detention of protesters reflected an attempt to suppress dissent.
“The Prime Minister and the Home Minister have created chaos across the country. An undeclared Emergency is prevailing, and we will continue to fight against it. We will continue our fight to protect democracy and the constitutional rights of the people,” he said.
March towards Supreme Court on Monday
Rahul Gandhi had separately announced a march towards the Supreme Court on Monday, calling on Opposition parties, young people and civil society groups to join the protest. He alleged that young people who had taken part in a peaceful demonstration in Delhi on Saturday were beaten by police and BJP supporters.
“Tomorrow, we will march to the Supreme Court as Indians, united beyond party, gender, caste, community and state. Youth, all opposition parties, civil society groups, all those who believe in democracy and stand by the Constitution of India, will walk with us,” Gandhi said.
He had said the march would culminate in the submission of a memorandum to the CJI, seeking an end to alleged “vote chori”, the halting of SIR and the removal of Gyanesh Kumar as chief election commissioner. Gandhi also accused the government of attempting to intimidate those raising questions about electoral processes.
CJI’s inclusion in committee selecting election commissioners
The demand for the CJI’s inclusion in the committee selecting election commissioners is linked to a pending challenge to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. Under the law, the selection committee comprises the Prime Minister, the Leader of Opposition in the Lok Sabha and a Union Cabinet minister nominated by the Prime Minister.
The 2023 law replaced an earlier arrangement laid down by the Supreme Court, under which the CJI was part of the selection committee until Parliament enacted a law governing appointments. The Opposition has argued that excluding the CJI undermines the independence of the Election Commission.
On September 23, a bench of justices Dipankar Datta and Satish Chandra Sharma delivered a split verdict on whether the challenge to the 2023 law should be referred to a Constitution bench. Justice Datta held that such a reference was unnecessary because the challenge could be decided on the basis of settled principles laid down in earlier judgments. Justice Sharma, however, favoured a five-judge bench, holding that the case raised substantial questions concerning the interpretation of the Constitution.
