Why in News?

The Supreme Court declined a proposed meeting with the Joint Parliamentary Committee (JPC) examining the Constitution (129th Amendment) Bill, 2024, which seeks to implement 'One Nation, One Election' (simultaneous elections). The proposed interaction was called off after concerns were raised about the doctrine of separation of powers and future judicial review.

Key Facts

  • Constitution (129th Amendment) Bill, 2024 was introduced in December 2024 to synchronise Lok Sabha and State Assembly elections.
  • It proposes Article 82A to mandate the Election Commission of India (ECI) to conduct simultaneous elections.
  • The Bill follows the Kovind Committee recommendation (report March 2024) for a phased transition.
  • The Bill excludes local bodies (Panchayats and Municipalities).
  • The Supreme Court's refusal to meet the JPC is seen as a precedent for preserving judicial independence.

Doctrine of Separation of Powers

Meaning and Origin

  • Coined by Montesquieu in The Spirit of the Laws.
  • Divides state power among Legislature, Executive, and Judiciary to prevent authoritarianism and protect civil liberties.

Indian Constitutional Scheme

  • India follows functional separation with checks and balances, not rigid US-style watertight compartments.
  • Article 50: DPSP directing the State to separate the judiciary from the executive in public services.
  • Articles 121 and 211: Restrict discussion of the conduct of Supreme Court and High Court judges in Parliament and State Legislatures.
  • Articles 122 and 212: Prohibit courts from inquiring into the validity of legislative proceedings.
  • Basic Structure Doctrine: Kesavananda Bharati v. State of Kerala (1973) and Indira Nehru Gandhi v. Raj Narain (1975) recognised separation of powers as part of the Basic Structure, beyond Parliament's amending power.

Concerns Regarding Separation of Powers

  • Pre-adjudication and bias: Sitting judges advising on a Bill may face conflict of interest if the law is later challenged in court.
  • Erosion of judicial independence: Closed-door meetings with political panels may create perception of alignment with the government.
  • Bypassing constitutional channels: Article 143 provides a formal advisory route; informal 'study visits' bypass it.
  • Blurring institutional silos: Judges may inadvertently become co-authors of legislation.

Constitution (129th Amendment) Bill, 2024

Background

  • Simultaneous elections were held from 1951 to 1967; the cycle broke due to premature dissolutions and political instability.
  • Union Government constituted a High-Level Committee led by former President Ram Nath Kovind in September 2023; it submitted its report in March 2024.

Key Provisions

  • Article 82A: ECI to conduct simultaneous elections for Lok Sabha and all State Legislative Assemblies.
  • Unexpired Term Rule (amending Articles 83 and 172): If a House is dissolved prematurely, mid-term elections are held, but the new body serves only the remaining period of the original five-year cycle.
  • Election Deferment: Article 82A empowers ECI to advise the President to defer a state assembly election in case of localized emergencies; the assembly's term still ends with the Lok Sabha.
  • Article 327: Adds 'conduct of simultaneous elections' to Parliament's powers regarding delimitation and state legislature elections.

Measures to Prevent Institutional Friction

  • Rely on former judges, Attorney General (Article 76), Law Commission, and constitutional scholars instead of sitting judges.
  • Strictly adhere to constitutional propriety and self-regulation by both Parliament and Judiciary.
  • Frame explicit JPC protocols under the Rules of Procedure and Conduct of Business.
  • Use the formal Article 143 advisory route if constitutional clarity is critical.

Conclusion

Preserving separation of powers is a practical imperative to keep the Legislature supreme in lawmaking and the Judiciary independent and unbiased as the arbiter of constitutional justice.

Mains Question

Discuss: The Indian Constitution does not envisage a rigid separation of powers, but rather a system of functional separation supported by checks and balances.