Rijiju says Lok Sabha cannot discuss sub-judice matters as oppn continues protests demanding SIR debate

New Delhi: Opposition on Wednesday cited Jagdeep Dhankhar’s ruling and previous instances of debates on electoral issues in Parliament to insist on a discussion on Special Intensive Revision (SIR) of electoral rolls even as the government once again made it clear that it cannot take place owing to constraints put by rules as also due to the matter being sub-judice.

Amid protests by the Opposition in Lok Sabha, Parliamentary Affairs Minister Kiren Rijiju said the government is ready for a debate on any issue but by following rules. On the SIR, he said the matter is under consideration of the Supreme Court and under Rule 186(8) and 352(1), no issues pending before the judiciary could be discussed.

He also referred to then Speaker Balram Jakhar refusing a demand to discuss the functioning of the Election Commission. “Rules are very clear that the House cannot have a discussion on this,” Rijiju added.

Responding to similar remarks by Rajya Sabha Deputy Chairman Harivansh on Tuesday, Leader of Opposition in Rajya Sabha Mallikarjun Kharge said former Chairman Jagdeep Dhankhar’s ruling which said the “concept of sub judice is totally misconceived” and that “this House (Rajya Sabha) is entitled to discuss everything under the planet with one restriction.”

Kharge said in a letter to Harivansh that the restriction cited by Dhankhar in his 21 July, 2023 ruling was on the discussion of the conduct of a judge except upon an impeachment motion. He said Harivansh himself quoted rulings over the past years in support of his decisions and it is clear from Dhankhar’s ruling that the Rajya Sabha is entitled to discuss the issue of SIR.

Separately, Congress Lok Sabha Deputy Leader Gaurav Gogoi cited debates in 1961, 1981, 1991, 2015 and 2019 to show that there is “ample precedent” to discuss SIR. He said the government “must not delay the long overdue and essential discussion on electoral reforms”.

Gogoi said in 1961, the Rajya Sabha debated amendments to the Conduct of Elections Rules while in 1981, Congress MP Manubhai Patel moved a resolution to set up a parliamentary committee to review election laws.

Rajya Sabha in 1991 debated the urgent need to amend existing election laws while in 2015, then Leader of Opposition Ghulam Nabi Azad moved a Calling Attention Motion on proxy and e-postal voting for NRIs and Law Minister DV Sadananda Gowda accepted the demand to consider Opposition’s views.

“...as recently as 2019, a Short Duration Discussion on electoral reforms saw participation from the then Law Minister Ravi Shankar Prasad,” he added.

Congress Rajya Sabha Chief Whip Jairam Ramesh said there was a discussion in 1986 as well on the “need to introduce comprehensive electoral reforms and undertake a fresh delimitation of Parliamentary and Assembly constituencies. The Opposition has told Speaker Om Birla that they would insist on the naming of the debate after SIR.

Both Lok Sabha and Rajya Sabha witnessed adjournments following protests by the Opposition demanding the debate even as the government pushed the passage of The Merchant Shipping Bill, 2024 in the Lower House and The Carriage of Goods by Sea, 2025 in the Upper House amid din. Rajya Sabha witnessed a Trinamool Congress MP trying to reach near the Chairman’s seat.