Panel shelves Supreme Court visit on simultaneous polls Bills amid Opposition objections

A parliamentary committee examining the Bills on simultaneous elections has put off its proposed visit to the Supreme Court, where its members were to hold an interaction with judges on the proposed legislation. The panel's chairman, P.P. Chaudhary, said on Thursday that the visit, which had been listed for October 6, had been deferred.

Mr. Chaudhary told PTI that the programme was postponed because the dates of committee members did not match, and that he also had other commitments to attend to. He did not say whether the visit would be rescheduled.

The proposed interaction had drawn objections from Opposition members of the Joint Committee. At least one member is learnt to have written to Mr. Chaudhary seeking its cancellation, arguing that a discussion with the Chief Justice of India or other sitting judges on the constitutional validity or merits of a proposed law could raise concerns over the separation of powers and the institutional independence of Parliament and the judiciary.

The member is also learnt to have said that the legislature's role in considering and making laws should remain distinct from the judiciary's role in adjudicating their validity. In that view, seeking the views of sitting judges on legislation that could later come before the Supreme Court for scrutiny would create an avoidable institutional overlap.

Earlier in the day, independent Rajya Sabha member Kapil Sibal publicly raised similar objections, describing the proposed visit as "unconstitutional" and contrary to the concept of separation of powers.

Mr. Sibal, a senior advocate, said he had never come across a parliamentary panel holding an interaction with Supreme Court judges over proposed legislation that could later come before the court for adjudication. He said a programme circulated by the committee headed by Mr. Chaudhary listed a "local study visit" to the Supreme Court on October 6, including an informal discussion with the CJI and other judges on simultaneous polls.

Mr. Sibal argued that while it was Parliament's prerogative to enact laws, it was for the judiciary to examine their constitutional validity if they were challenged. He said the proposed interaction would cut across that division of roles.

The committee is examining the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024 and the Union Territories Laws (Amendment) Bill, 2024, which seek to provide a framework for holding simultaneous elections to the Lok Sabha and State Legislative Assemblies. The two Bills were introduced in the Lok Sabha in December 2024 and referred to the joint committee for examination.

The Bills follow the recommendations of a high-level committee headed by former President Ram Nath Kovind, which submitted its report in 2024. The proposal has drawn both support and criticism: its backers cite the cost of frequent elections and the disruption caused to governance, while its critics raise questions about federalism and the accountability of State governments.

The separation of powers is a basic feature of the Constitution. Parliament frames laws, and the courts decide whether they are consistent with the Constitution when a challenge is brought before them. Parliamentary committees routinely consult experts, officials and members of the public while examining Bills, but interactions with sitting judges on pending or proposed legislation are not the norm.

Neither the committee nor the Supreme Court has issued an official statement on the proposed visit, or on whether it will be held at a later date.