Concept of sub-judice is totally misconceived: Dhankhar on Delhi ordinance row

As Opposition MPs objected to the inclusion of a Bill to replace the contentious Delhi ordinance for discussion owing to the Supreme Court hearing the case, Rajya Sabha Chairman Jagdeep Dhankhar on Friday said the concept of sub-judice in Parliament's context is "totally misconceived".

Dhankhar's remarks came after AAP's Sanjay Singh and BRS' K Keshava Rao among others objected to the allocation of time for discussing the Bill which was read out in the House following a recommendation by the Business Advisory Committee.

The Opposition MPs had walked out of a meeting of the BAC on Thursday afternoon following the government insisting on going ahead with the Bill. The ordinance that took away Delhi government's powers over its bureaucrats will lapse if the Bill is not passed in the Parliament during this session.

Singh first asked how the "anti-constitutional" Bill was being included, and several Opposition leaders, including Congress' Jairam Ramesh and Trinamool Congress' Derek O'Brien, came out in his support.

Rao then sought a clarification from the Chairman if the House could discuss an issue which is under the consideration of the Supreme Court. The apex court has now set up a Constitution Bench to hear the appeal of the Delhi government against the Union government's ordinance.

Dhankhar said the concept of sub-judice is "totally misconceived" and the House is entitled to discuss everything under the planet with one restriction provided under Article 121.

"The only restriction generated in the Parliament is given to us by our founding fathers. No discussion shall take place in Parliament with respect to the conduct of any judge of the Supreme Court or a high court in discharge of its duties except upon a motion for presenting address to the President praying for removal of the judge as herein provided. Therefore, the concept of sub-judice is totally misconceived," Dhankhar said.