New Delhi: The union government on Wednesday rejected the opposition’s demand for a discussion on the special intensive revision (SIR) of Bihar’s electoral rolls in the Lok Sabha, citing that the matter is under the consideration of the Supreme Court.
Union minister Kiren Rijiju urged members to allow proceedings to run smoothly amid the uproar in the House over demands to revoke the SIR. “We all know that the matter of SIR is under the consideration of the Supreme Court. The matter raised by the opposition is clearly sub judice, so a discussion on this issue cannot be held in this House,” he said, citing Rule 186 and Rule 352 of the Rules of Procedure and Conduct of Business.
Clause 8 of Rule 186 in the Lok Sabha’s rules states that for a motion to be admissible, it “shall not relate to a matter which is sub judice.” Clause 1 of Rule 352 prohibits a member from referring to “any matter of fact on which a judicial decision is pending,” while Clause 5 restricts reflecting upon the conduct of high authorities unless the discussion is based on a substantive motion drawn in proper terms under the Constitution or approved by the speaker.
Rijiju added that matters concerning the functioning and responsibilities of the Election Commission of India (ECI), being an autonomous constitutional body, could not be discussed in the House. He recalled former Lok Sabha speaker Balram Jakhar’s ruling that a constitutional amendment would be necessary to allow debate on the ECI’s functions, as existing provisions prohibit such discussions.
A similar ruling was delivered by Rajya Sabha deputy chairman Harivansh Singh on Tuesday.
“I would like to ask the Opposition members, do you want to break the rules established by this House? Do you want to throw out the provisions of the Constitution? Do you follow the rules of this country? From Day 1, you are attempting to break the rules and conventions established in this House,” Rijiju said.
He also informed members that the government would not take up the scheduled National Sports Governance Bill, 2025, and the National Anti-Doping (Amendment) Bill, 2025, for discussion, as the opposition “insisted on sending them to a joint parliamentary committee.”
Also Read: SC seeks ECI response on Bihar voter deletion allegations
Instead, the government has brought forward the Merchant Shipping Bill, 2024, which was passed in the Lok Sabha amid the ongoing ruckus.
Congress lawmaker Jairam Ramesh contested the government’s stance, referring to a past remark by former Rajya Sabha chairman Jagdeep Dhankhar that parliament could discuss “anything under the planet” with the sole exception of a judge’s conduct unless raised through a removal motion.
“The Opposition is constantly reminded that Parliament runs on the basis of rulings and conventions. Why is the Rajya Sabha chairman’s ruling of July 21, 2023, being so wilfully ignored? The opposition’s demand for a discussion on the votebandi and votechori – being orchestrated by G2 through the Election Commission in Bihar and to be followed in West Bengal, Assam, and other states – is non-negotiable in both houses of parliament,” Ramesh said.
Also Read: Bihar SIR: Key takeaways from draft electoral roll after ECI’s revision
Former Lok Sabha secretary general PDT Achary, writing in HT earlier, had argued that these rules “do not have universal application to all types of business of the legislature.”
He noted that parliament had, on several occasions, debated matters pending before the Supreme Court, including major financial scams, with “the freedom of the House to discuss all issues of public importance accorded primacy.”
The Supreme Court on Tuesday sought a reply from the ECI while hearing a plea by the NGO Association for Democratic Reforms (ADR), which alleged that the poll body had failed to share the list of voters removed from Bihar’s rolls following the SIR.
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