Kapil Sibal Criticises JPC Plan To Hold Informal Discussion With SC Judges On Simultaneous Polls

Rajya Sabha MP Kapil Sibal on Thursday criticised a proposed visit by the Joint Parliamentary Committee examining bills on simultaneous elections to the Supreme Court for what has been described as an informal discussion with judges. Sibal described the proposed interaction over the “One Nation, One Election” issue as unconstitutional and contrary to the principle of separation of powers.

Sibal said he had not encountered a similar arrangement during his legal career, arguing that the legislation being discussed by the committee could potentially come before the Supreme Court for judicial scrutiny in the future. According to him, Parliament has the authority to debate and pass legislation, while determining its constitutional validity is the responsibility of the judiciary.

Sibal referred to a document circulated by the P P Chaudhary-led committee, which he said mentions a local study visit to the Supreme Court on October 6. He said the programme was listed as an informal discussion with the Chief Justice of India and other judges on simultaneous elections. Sibal said he was “very disturbed” by the proposed interaction and questioned the appropriateness of discussing the legislation with judges who could later be called upon to examine legal challenges to it.

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The former Union minister said Parliament should debate significant legislation extensively, with different views being presented publicly before a bill is passed. He noted that newspapers, experts and other stakeholders routinely express views for and against proposed laws, allowing various constitutional and legal issues to be considered during the legislative process.

Sibal further argued that Parliament does not determine whether legislation is constitutionally valid in the final sense. According to him, that question is ultimately examined by the higher judiciary when a law is challenged. He said any future petitions concerning simultaneous-election legislation would therefore have to be considered by the courts independently after the law is enacted.

The proposed legislation concerns the concept of holding elections to the Lok Sabha and state assemblies simultaneously. Sibal maintained that a parliamentary committee meeting judges to explain the proposed law would be an unusual departure from the conventional separation between the legislative and judicial branches. His comments came as the joint parliamentary committee continues its examination of the bills related to simultaneous elections.

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