Logjam over SIR: Rijiju says House can’t discuss EC’s functioning, Congress counters

Opposition parties have repeatedly sought a discussion during this Parliament session on the SIR exercise. Union Parliamentary Affairs Minister Kiren Rijiju, during the second half of LS, told the Opposition that the government is “very open to take up for discussion any matter”.

“On the issue of SIR which they are disturbing the House (on) from day one, we all know the matter is under the consideration of the Supreme Court and is sub-judice. Under Rule 186 (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…” he said.

In the past, he said, it had been clearly established in LS that matters “falling under the domain of the Election Commission cannot be discussed”.

“The House cannot have a discussion on the working of an autonomous body like the Election Commission. Do you want to break the rules established by this House? Do you want to throw out the provisions of the Constitution of India?” he said.

Deputy Leader of Congress in LS Gaurav Gogoi said: “Just to jog the memory of the BJP-led NDA government — Parliament has a long history of discussing electoral reforms and functioning of the EC… There is ample precedent,” he said, citing debates in 1961, 1981 and 1991, among others.

Congress MP Manish Tewari said the Rijiju was “absolutely wrong” and that the House had “discussed many times” in the past the “conduct of the Election Commission”.

In RS, after ministers laid papers on the table of the House, and an obituary was read out for former J&K governor Satya Pal Malik, Deputy Chairman Harivansh said he would not admit 35 notices received under Rule 267. MPs can seek discussions on urgent matters under Rule 267.

“…none of these notices are in adherence to the rules as enunciated in the past…” Harivansh said, sparking protests.

Harivansh appealed to members to let the House function during Zero Hour.

With the MPs not relenting, the Deputy Chairman adjourned the proceedings till 2 pm. After the House reconvened, members of the Opposition tried to raise a point of order.

Bhubaneswar Kalita, who was then chairing Rajya Sabha, said he would allow a point of order only when there was order in the House. He asked all the members to return to their seats. Leader of Opposition in RS Mallikarjun Kharge said: “When members from this side raise a point of order then you say that the House is not in order. There, they are giving speeches. And, you are allowing them. This is unfair, untenable…”

To this, the leader of House J P Nadda said: “Sir, those who create disorder in the House have no right to raise point of order. If you are so interested, obey the rules accordingly, otherwise the Chair’s direction is final.”

When Opposition MPs were called to speak on the Bill, they either did not go back to their seats and forfeited their chance, or tried to raise SIR issue. Kalita said nothing would go on record and moved to the next speaker.