Proposed Supreme Court Visit to Parliamentary Senate Studying Simultaneous Elections: Why Is Separation of Powers a Problem?

A proposed visit to the Supreme Court by a joint parliamentary committee examining the “One Nation, One Election” bills has raised questions about the separation of powers between parliament and the judiciary.

While parliamentary committees have in the past dealt with sitting judges, the opposition has objected to the judges being consulted on the merits or constitutional validity of a bill that could later go before the Supreme Court.

What does the JPC research?

A Joint Parliamentary Committee is examining the Constitution (129th Amendment) Bill, 2024 and the Union Territories Laws (Amendment) Bill, 2024. The Bills seek to provide a framework for joint holding of elections to the Lok Sabha and State Assemblies. They were introduced in the Lok Sabha in December 2024 and referred to a joint committee for detailed scrutiny.

Why did the committee want to meet with Supreme Court justices?

A committee headed by BJP MP PP Chaudhary proposed a visit to the Supreme Court on October 6, 2026. The program mentioned an informal interaction with the Chief Justice of India and other judges during the concurrent elections.

The proposed visit was subsequently postponed. Mr. Chaudhary said that the dates of the committee members did not match and that he had other commitments. The proposed interaction has already raised objections from members of the opposition.

What was the objection of the opposition?

The opposition’s objection is not against parliamentary committees visiting the Supreme Court or interacting with judges. The concerns relate to what the judges were expected to discuss – whether High Court judges should be asked for their views on legislation being considered by Parliament, which could be challenged in the High Court once it becomes law.

Independent Rajya Sabha member Kapil Sibal termed the proposed interaction as “unconstitutional” and said Parliament has the power to make laws while the judiciary has the power to examine their constitutionality. The argument is straightforward: Parliament debates and passes a law, and if that law is challenged, the courts decide whether it is constitutional. The opposition therefore argued that asking judges about their views on the proposed law would erase that difference.

However, the committee chairman said the proposed visit was not intended to ascertain the judges’ views on the bills and was intended as a study visit.

What is the principle of separation of powers?

There is no single provision in the constitution that strictly defines the separation of powers. Instead, it gives different responsibilities to the three organs of the state – legislative, executive and judicial. Parliament, the highest legislative body, makes laws. The executive branch implements and administers these laws. The judiciary interprets the constitution and laws and can examine whether laws passed by parliament are constitutionally valid.

This division reflects several provisions of the Constitution. Article 79 establishes a Parliament consisting of the President, the Lok Sabha and the Rajya Sabha. Articles 73 and 74 deal with the executive power of the Union and the Council of Ministers headed by the Prime Minister. Article 124 establishes the Supreme Court of India.

The Constitution also protects the independence of the judiciary. Article 121, for example, does not allow for any discussion of the conduct of Supreme Court and High Court judges in Parliament, except in proceedings for their removal. Similar safeguards for judges exist in state legislatures under Article 211.

The Constitution also provides for judicial review, which means that the courts can examine whether laws passed by Parliament or state legislatures are in accordance with the Constitution. At the same time, the separation is not absolute: these three bodies interact in several areas. Parliament makes laws relating to the judiciary, the executive administers the judicial system and the courts interpret laws passed by Parliament. The basic principle is that one body should not interfere with the basic constitutional function of another body.

What was the history of parliamentary committees dealing with the Supreme Court?

There is precedent for parliamentary committees interacting with Supreme Court judges. In 2022, the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, then headed by BJP MP Sushil Kumar Modi, met the then Chief Justice of India UU Lalit and Justice DY Chandrachud. The discussions concerned the e-Courts project and the functioning of the court system.

The Committee visited the Supreme Court again in March 2023 and held discussions with CJI Chandrachud and other judges on the functioning of the National Legal Services Authority and access to free legal aid.

These meetings show that there is no general rule preventing parliamentary committees from interacting with Supreme Court judges. However, the earlier discussions concerned the administration of justice and the functioning of the judiciary, not consultations with sitting judges about the merits or constitutional validity of a bill being debated by Parliament. This difference is at the heart of the current dispute.

Tough questions

So the controversy is not just about whether MPs can visit the Supreme Court or meet its judges. A more complex question is what can be appropriately discussed at such a meeting.

Parliamentary committees are meant to scrutinize bills and may seek the views of experts and stakeholders. But the judiciary has a separate constitutional role: when a law is challenged, it must decide whether the law meets constitutional requirements.

The proposed visit of the ONOE study panel focused on this border. The committee chairman said the proposed visit was only a study visit, while opposition members questioned the reference to a discussion with the judges on the concurrent elections. The legislature and the judiciary may interact, but each must remain free to exercise its own constitutional role.

Published – October 2, 2026 11:46 AM IST