A parliamentary panel examining the ‘One Nation, One Election’ bills has shelved its proposed visit to the Supreme Court on October 6 for an interaction with judges on the legislation, committee chairman P P Chaudhary said on Thursday amid concerns raised by Opposition leaders over separation of powers.
The MP is learnt to have argued that an interaction with the Chief Justice of India or other sitting judges on the constitutional validity or merits of the proposed legislation could raise concerns over the separation of powers and the institutional independence of Parliament and the judiciary. Sibal argued that while it was Parliament’s prerogative to enact laws, it was for the judiciary to subsequently examine their constitutional validity if challenged.
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 claimed a programme circulated by the Chaudhary-led committee 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.
The member is also learnt to have pointed out that the legislature’s role in considering and making laws should remain distinct from the judiciary’s role in adjudicating their validity, and that seeking the views of sitting judges on legislation which could subsequently come before the Supreme Court for judicial scrutiny could create an avoidable institutional overlap. The earlier interactions, however, concerned issues relating to the administration and functioning of the judiciary and not the constitutional validity or merits of a pending legislation.
