ONOE panel defers SC visit amid Opposition concerns over CJI, sitting judges discussing bills that may face judicial scrutiny

The parliamentary committee scrutinising the One Nation, One Election (ONOE) bills has deferred its proposed visit to the Supreme Court, scheduled for October 6, following objections from Opposition members over the separation of powers, PTI reported on Thursday (October 1). PP Chaudhary, chairman of the joint parliamentary committee, confirmed the postponement to PTI, attributing it to scheduling difficulties among committee members. "I also have other commitments to attend to," he has been quoted to say. The proposed visit had faced resistance from the Opposition, with at least one member of the committee reportedly writing to Chaudhary and requesting that the programme be cancelled, according to the report. The MP reportedly expressed concerns that discussing the proposed legislation's merits or constitutional validity with the Chief Justice of India (CJI) or other sitting Supreme Court judges could raise questions about the institutional independence of Parliament and the judiciary. The member also reportedly argued that Parliament's responsibility to deliberate on and enact legislation must remain separate from the judiciary's role in determining whether laws are constitutionally valid. Seeking the opinions of sitting judges on bills that could subsequently be challenged before the Supreme Court might result in an unnecessary overlap between the legislature and the judiciary, the MP is learnt to have said. Earlier on Thursday, Independent Rajya Sabha member and senior advocate Kapil Sibal had also criticised the proposed interaction, describing it as "unconstitutional" and inconsistent with the principle of separation of powers. Sibal said he had never encountered a parliamentary committee arranging an interaction with Supreme Court judges to discuss proposed legislation that could later come before the court for adjudication. He said a programme circulated by the Chaudhary-led committee mentioned a "local study visit" to the Supreme Court on October 6. The schedule reportedly included an informal discussion with the CJI and other judges on simultaneous elections. Sibal maintained that enacting legislation falls within Parliament's prerogative, while the judiciary is responsible for examining its constitutional validity if the law is challenged. The joint committee is examining two legislative proposals: the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, and the Union Territories Laws (Amendment) Bill, 2024. Both seek to establish a framework for simultaneous elections to the Lok Sabha and state legislative assemblies. The two bills were introduced in the Lok Sabha in December 2024 and subsequently referred to the joint parliamentary committee for examination.