Current Affairs · · Prelims · Polity

CJI declines Opposition meeting, says pending SIR issues belong in court

Chief Justice of India Surya Kant declined a meeting sought by the two Leaders of Opposition over the Special Intensive Revision and the Election Commission. He said the issues were already before the Supreme Court and could be pursued through a petition. The episode tests the line between judicial access and judicial propriety.

Event date:

REq1
  1. Note1 / 5

    WHY IN NEWS?

    • Rahul Gandhi and Mallikarjun Kharge, Leaders of Opposition in the Lok Sabha and Rajya Sabha, sought a meeting with the Chief Justice of India for 12 October 2026.
    • They wished to hand over a memorandum on the SIR, the Chief Election Commissioner and police action during Delhi protests.
    • The CJI declined by email. He said the issues were sub judice and a meeting would be inappropriate.
    • He said the leaders could file a petition, physically or through e-filing, for judicial consideration.

    The matter is before the Court. The demands are those of the Opposition leaders; they are not judicial findings.

  2. Note2 / 5

    WHY THE CJI DECLINED

    • Sub judice: Related petitions were already pending before the Supreme Court and listed for hearing.
    • Judicial versus administrative side: The CJI said the Court cannot pass directions on such issues through an administrative memorandum.
    • Neutrality: A private meeting with one side on a pending matter could suggest preferential access.
    • Access preserved: The CJI noted that the Court is open to any citizen whose fundamental rights are violated.

    This card sets out documented positions. It does not adjudicate between them.

  3. Note3 / 5

    KEY CONCEPTS

    1. What does "sub judice" mean?

    It means a matter is under judicial consideration. Judges avoid outside discussion of such matters so that the outcome rests only on what is argued in court.

    1. What is separation of powers?

    It divides authority among the legislature, executive and judiciary. Courts decide disputes through judicial proceedings, not through informal or administrative meetings. Independence of the judiciary is part of the Constitution's basic structure.

    1. What do Articles 32 and 226 provide?

    Article 32 lets a person approach the Supreme Court directly when fundamental rights are violated. Article 226 lets High Courts issue writs for fundamental rights and other legal rights.

    1. What are the Bangalore Principles of Judicial Conduct?

    Adopted in 2002, they set six values for judges: independence, impartiality, integrity, propriety, equality, and competence and diligence.

  4. Note4 / 5

    THE WIDER CONSTITUTIONAL QUESTIONS

    • Election Commission's powers: Article 324 vests superintendence, direction and control of elections in the Commission. Its decisions remain subject to judicial review.
    • SIR's legality: A Bench led by the CJI upheld the Commission's power to conduct the SIR in May 2026. Petitions on certain decisions of the Chief Election Commissioner are pending.
    • Appointment of the CEC: The 2023 law created a selection committee that includes the Leader of Opposition in the Lok Sabha.
    • Judicial independence: Past debates, including the 1973 supersession of senior judges and the collegium cases, show why courts guard against any appearance of influence.
  5. Note5 / 5

    WAY FORWARD

    These are suggested measures, not approved policy.

    • Use judicial routes: Grievances against constitutional bodies are best tested through petitions and evidence.
    • Hear time-sensitive cases quickly: Electoral roll disputes lose value if decided after elections.
    • Publish roll data: Transparent deletion and restoration data reduce reliance on allegations.
    • Keep judicial access equal: Judges should avoid private meetings on pending cases with any party.

Sources

Syllabus

PaperSubjectSub-topic
PrelimsPolityArticles 32, 226, 324; judicial conduct principles
GS2PolitySeparation of powers; structure and functioning of the judiciary; Election Commission; constitutional bodies

Topics

Constitutional BodiesFundamental RightsHigher Judiciary (SC and HC)

Related previous-year questions

Asked in earlier UPSC Prelims papers on this topic. Answer, then check.

  1. UPSC Prelims 2019 · Polity · Higher Judiciary (SC and HC)

    With reference to the Constitution of India, prohibition or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?

    1. The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.
    2. The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.
    3. In the event of grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet.
    4. State Legislatures cannot make laws on certain matters without the concurrence of Union Legislature.
    Show answer

    Answer: B. Article 142 states that the Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it. In the Union Carbide case relating to the victims of the Bhopal gas tragedy, the Supreme Court while awarding compensation went to the extent of saying that to do complete justice, it could even override the laws made by Parliament by holding that 'prohibitions or limitations or provisions contained in ordinary laws cannot, ipso facto, act as prohibitions or limitations on the constitutional powers under Article 142.' By this statement the Supreme Court of India placed itself above the laws made by Parliament or the legislatures of the States. Hence the Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament. Correct answer: The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament → Option (b).

    Difficulty: medium · direct

    Open this question on its own page, with the full explanation →

  2. UPSC Prelims 2020 · Polity · DPSP

    In India, separation of judiciary from the executive is enjoined by

    1. the Preamble of the Constitution
    2. a Directive Principle of State Policy
    3. the Seventh Schedule
    4. the conventional practice
    Show answer

    Answer: B. Directive Principles of State Policy can be classified into three broad categories: socialistic, Gandhian and liberal–intellectual. Socialistic Principles: reflect the ideology of socialism. They lay down the framework of a democratic socialist state aimed at providing social and economic justice. Gandhian Principles: based on Gandhian ideology, representing the programme of reconstruction enunciated by Gandhi during the national movement. Liberal–Intellectual Principles: represent the ideology of liberalism, including: uniform civil code (Article 44); early childhood care and education (Article 45); organisation of agriculture and animal husbandry on modern lines (Article 48); protection and improvement of environment (Article 48A); protection of monuments (Article 49); separation of judiciary from the executive in the public services of the State (Article 50); promotion of international peace and security (Article 51). Option (a) – INCORRECT: The Preamble does not enjoin separation of judiciary from the executive. Option (b) – CORRECT: Article 50, a Directive Principle, directs the State to take steps to separate the judiciary from the executive in the public services of the State. Option (c) – INCORRECT: The Seventh Schedule deals with division of legislative subjects (Union, State, Concurrent Lists). Option (d) – INCORRECT: It is not based merely on convention but a constitutional directive. Additional UPSC insight: Article 50 was implemented through the Criminal Procedure Code, 1973 which separated judicial magistrates from executive magistrates. Correct answer: a Directive Principle of State Policy → Option (b).

    Difficulty: easy · direct

    Open this question on its own page, with the full explanation →

  3. UPSC Prelims 2025 · Polity · DPSP

    Consider the following pairs: 1. Separation of Judiciary from the Executive in the public services of the State : The Directive Principles of State Policy 2. Valuing and preserving the rich heritage of our composite culture : The Fundamental Duties 3. Prohibition of employment of children below the age of 14 years in factories : The Fundamental Rights How many of the above pairs are correctly matched?

    1. Only one
    2. Only two
    3. All the three
    4. None
    Show answer

    Answer: C. Pair 1 – CORRECT: Article 50 under DPSP provides for separation of judiciary from executive. Pair 2 – CORRECT: Article 51A(f) under Fundamental Duties speaks about preserving heritage. Pair 3 – CORRECT: Article 24 under Fundamental Rights prohibits child labour below 14 years. Correct answer: Option (c).

    Difficulty: easy · match

    Open this question on its own page, with the full explanation →

Practice questions

  1. Which Article of the Constitution allows a person to move the Supreme Court directly for enforcement of fundamental rights?

    1. Article 21
    2. Article 32
    3. Article 136
    4. Article 226
    Show answer

    Answer: B. Article 32 is itself a fundamental right. Article 226 empowers High Courts.

    Difficulty: easy · statement

  2. Which of the following is NOT one of the six values in the Bangalore Principles of Judicial Conduct, 2002?

    1. Impartiality
    2. Propriety
    3. Seniority
    4. Competence and diligence
    Show answer

    Answer: C. The six values are independence, impartiality, integrity, propriety, equality, and competence and diligence.

    Difficulty: medium · statement

  3. Consider the following statements: 1. Article 324 vests superintendence, direction and control of elections in the Election Commission. 2. Decisions of the Election Commission are immune from judicial review. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both
    4. Neither
    Show answer

    Answer: A. The Commission's decisions are subject to judicial review.

    Difficulty: medium · statement

Mains practice

Answer-writing practice on this article. Attempt it first, then open the hints.

  1. GS2 · 250 words

    "Judicial independence requires judges to be accessible through procedure, not through persons." Discuss in the light of the sub judice principle and the Bangalore Principles of Judicial Conduct.

    Show hints
    1. Sub judice
    2. judicial vs administrative side
    3. Articles 32 and 226
    4. appearance of impartiality
    5. separation of powers, timely adjudication.