Sibal termed the proposed interaction unprecedented and unconstitutional. He said that a parliamentary committee briefing sitting judges on a bill, even before finalising its report, has never happened in India’s history. He added that this goes against the principle of separation of powers among the executive, the legislature and the judiciary.
Parliament makes laws and the judiciary tests their validity, he pointed out. If the amendments are passed, the same judges could be called upon to decide challenges to them.
“This is a joke on the Constitution,” Sibal said.
The JPC has so far held consultations with political parties, legislators, constitutional experts and other stakeholders. It disclosed that it also consulted former Chief Justices of India and retired Supreme Court judges on the constitutional implications of simultaneous elections.
Sibal’s objection, however, was to an interaction with sitting judges, who could eventually sit in judgment over the constitutionality of the law.
The bills require amendments to the Constitution and have sparked debate on federalism, the tenure of legislatures, premature dissolution of Houses and the basic structure of the Constitution.