RS Chairman Radhakrishnan cautions members on limits of debate over election reforms

New Delhi, Dec 11 Ahead of a scheduled discussion in the Rajya Sabha, Chairman C.P. Radhakrishnan reminded members of the constitutional and procedural boundaries governing parliamentary debate, particularly when it touches upon institutions of high authority.

He underscored that the Election Commission of India (ECI) is an autonomous constitutional body under Article 324 of the Constitution, and its day-to-day functioning does not fall under the direct purview of the Government of India.

Chairman Radhakrishnan referred to Rule 238 of the Rules of Procedure and Conduct of Business in the Council of States, which prohibits members from reflecting upon the conduct of persons in high authority unless the discussion is based on a substantive motion framed in proper terms.

He further noted that matters relating to the Special Intensive Revision (SIR) of electoral rolls in various states are currently sub judice before the Supreme Court, and therefore cannot be debated in the House.

“Members must refrain from making submissions that contravene these provisions. Anything said in violation will not form part of the record,” he cautioned.

The Chair’s intervention came as members prepared to take part in a politically charged discussion.

He repeatedly urged patience, asking members to allow the proceedings to begin in order.

In response, Tiruchi Shiva questioned the interpretation of the rules. The members recalled a precedent set by a former Chairman, Jagdish Dhankhar, who had once ruled that “anything under the sky can be discussed in the House”. They argued that unless the Chair explicitly overruled that precedent, it remained valid, and therefore restrictions on debate were “null and void”.

The exchange highlighted the tension between procedural safeguards and the expansive nature of parliamentary debate.

While the Chair insisted on adherence to constitutional and judicial boundaries, “I will go by the rule in the book,” the chairman said and initiated the debate on election reforms.

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