New Delhi, Aug 6 Union Parliamentary Affairs Minister Kiren Rijiju on Wednesday said the Special Intensive Review (SIR) of electoral rolls being conducted by the Election Commission of India (ECI) cannot be discussed in Parliament as the matter is sub-judice and goes against the rules of procedural conduct of business in the House.
Since the commencement of the Monsoon Session in Parliament, the Opposition MPs have been disrupting both Rajya Sabha and Lok Sabha, demanding a discussion on the SIR, which is being conducted in Bihar by the ECI ahead of the Assembly elections in the state.
The Opposition is alleging that the SIR exercise is a ploy to "disenfranchise genuine voters" in Bihar.
Speaking in the Lok Sabha amid the Opposition's continuous sloganeering, Minister Rijiju said that even though for the past several days the Opposition has been "disrupting the House", the "government remains open to take up discussion on any matter."
However, he said that any discussion in Parliament "has to be in accordance with constitutional provisions and also with the rules as prescribed in the rules of procedure and conduct of business in the Lok Sabha."
"On the issue of SIR, the electoral rolls for which they are disturbing the House from the first day, we all know that the matter is under consideration of the honourable Supreme Court and as such it is sub-judice," he said.
Rijiju mentioned that under Rule 186 of Part 8, "any matter can be discussed in the House only if it does not relate to a matter which is under adjudication by a court of law in a country."
The Parliamentary Affairs Minister also stated that as per Rule 352(1), a member of the House "is not to make or refer to any matter of fact on which a judicial decision is pending."
"The matter which the Opposition party is trying to raise is clearly sub-judice, so a discussion on this matter cannot be held in this House," Rijiju said, adding, "The issue relates to the functions and the responsibilities entrusted to the Election Commission, which is an autonomous body."
"In the past, it has been clearly established in this House itself that matters holding under the domain of the ECI, cannot be discussed in this House," he said, recalling that in December 1988, when an MP tried to raise the issue pertaining to the functioning of the ECI, the then Lok Sabha Speaker Balram Jakhar denied the permission.
Rijiju also mentioned that Rule 352 sub-clause 5 states that "it is not permitted to reflect upon the conduct of persons in higher authority in general discussions."
"The rules are very clear. The House cannot have a discussion on the working of an autonomous body like the ECI. I want to ask the Opposition: Do you want to break the rules established by the House? Do you want to throw away the provisions of the Constitution of India? Do you follow the rules of this country?" he questioned.
"I would like to urge the honourable members of the Opposition parties. Please allow the functioning of the House; let us discuss and debate, don't disturb the business of this House. We are sent to this House for the discussions and debates on the important issues of our country," he added.
However, voices from the Opposition remained firm in their allegations of manipulation and voter suppression and continued with the ruckus.
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