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Parliamentary Panel Cancels Supreme Court Visit Amid Sharp Political Row

Reported by Shreya Kapoor (Senior Writer) · Indian Express - Political Pulse ·

Unconfirmed — Reported by one source so far

Reported by one source so far

Important
Parliamentary Panel Cancels Supreme Court Visit Amid Sharp Political RowRepresentative image · Wikimedia Commons

The Joint Parliamentary Committee examining the One Nation, One Election Bills cancelled its planned visit to the Supreme Court on October 6. The Lok Sabha Secretariat informed members about the cancellation on Thursday evening without giving any reason.

Official Stance

Committee chairman and BJP MP P P Chaudhary stated that the visit was not meant for discussing the proposed legislation with judges. He explained that the study visit aimed to familiarise members with the Supreme Court and its library, adding that it was postponed due to other scheduled programmes. However, an agenda circulated earlier had stated the purpose was an informal discussion with the Chief Justice of India and other judges on simultaneous elections.

Objections

Opposition MPs expressed their inability to attend because the INDIA bloc planned a protest against Chief Election Commissioner Gyanesh Kumar on the same day. Meanwhile, Rajya Sabha MP and senior advocate Kapil Sibal criticised the proposed interaction at a press conference. He argued that meeting judges to discuss a Bill before Parliament goes against the separation of powers, since the law could later face constitutional challenges in court.

Expert Testimony

The panel is reviewing the Constitution (129th Amendment) Bill, 2024, and the Union Territories Laws (Amendment) Bill, 2024, following recommendations from a high-level committee led by former President Ram Nath Kovind. During its review, the 39-member committee heard several former Chief Justices as experts. Justice U U Lalit cautioned that cutting short state Assembly terms could cause legal challenges and suggested staggering the transition. Justice J S Khehar and Justice D Y Chandrachud stated that simultaneous polls do not violate the basic structure of the Constitution, though they flagged concerns over powers given to the Election Commission.

Context

Parliamentary committees frequently consult legal experts and visit institutions during the drafting of major legislative reforms. The debate over simultaneous elections involves complex questions about India's federal structure and the operational costs of holding frequent polls across the country.

ExplainerWhy this matters

What Happened

The Joint Parliamentary Committee reviewing the One Nation, One Election Bills cancelled an upcoming visit to the Supreme Court where members were initially scheduled to hold informal discussions with the Chief Justice and other judges.

Why It Matters

This issue touches on the core constitutional principle of the separation of powers between the legislature and the judiciary. Critics argue that holding discussions with judges about laws currently being drafted could compromise judicial neutrality, especially since these exact laws are expected to face legal challenges in court over issues like federalism and the curtailment of state Assembly terms.

What Happens Next

The parliamentary committee will continue its examination of the Bills without the Supreme Court visit, while political friction between the ruling party and the opposition over simultaneous elections and election oversight remains high.

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