The Supreme Court administration on Thursday declined a proposal from a parliamentary panel, examining bills aimed at rolling out simultaneous elections, to interact with Chief Justice of India (CJI) Surya Kant and other sitting judges, with the court’s secretary general informing the committee that the proposed constitutional amendments could eventually be subject to judicial review.
People aware of the matter said that the apex court secretary general’s office, in a communication sent to the joint committee of Parliament on Thursday afternoon, stated that the proposal for an informal discussion with the CJI and other judges on simultaneous elections was discussed among the Supreme Court ’s senior judges. The proposed meeting was accordingly “cancelled. Parliament would thereafter debate and vote on the legislation, while its constitutional validity, if challenged, would be considered by the judiciary. The government has argued that simultaneous elections would reduce the frequency and cost of elections and provide greater continuity for governance, while Opposition parties and other critics have raised concerns relating to democratic accountability, federalism and the constitutional implications of synchronising the terms of elected legislatures.
The joint committee, headed by Chaudhary, had proposed a visit to the Supreme Court on October 6 as part of its consultations on the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024 and the Union Territories Laws (Amendment) Bill, 2024.
The communication, people cited above said, stated that as the proposed amendment might become a subject of judicial review before the Supreme Court, it may not be expedient or desirable to discuss the issue on the administrative side. The decision followed a discussion between CJI Surya Kant and some senior judges, after which the CJI directed that the proposed interaction should not proceed, the people cited above said. The programme described the visit as a “local study visit” and proposed an informal discussion with the CJI and other judges on simultaneous elections. Sibal, at a press conference on Thursday, said he was “shocked” by the proposed interaction and questioned how the judiciary could accept an invitation from a parliamentary committee when the bills raised issues of “fundamental importance to the polity of this country” and to the working of the Constitution. He said Parliament has the prerogative to introduce and consider legislation, with a parliamentary committee examining a bill and submitting its report to the House. The proposal, commonly described as “One Nation, One Election”, seeks to align elections to the Lok Sabha and state assemblies.
