In an obvious reference to avoid any confrontation between the Legislature and Judiciary, Rajya Sabha Chairman Jagdeep Dhankhar on Friday said the Upper House is entitled to discuss everything under the planet with one restriction provided under Article 121 of the Constitution of India.
His remarks came soon after he informed the members about business schedule pertaining to the discussion on Government of National Capital Territory of Delhi (amendment) Bill 2023 in Rajya Sabha.
When some members objected over time allocation to the Bill saying the matter is subjudice and Parliament should not consider it, referring to Article 121 in the constitution, Chairman Rajya Sabha clarified. “This House is entitled to discuss everything under the planet with one restriction. 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 the discharge of its duties.... except upon a motion for presenting an address to the President praying for the removal of the judge as herein provided.”
“Therefore, the concept of sub-judice is totally misconceived,” Dhankhar emphasized.