Mallikarjun Kharge, leader of the Opposition in the Rajya Sabha, on Wednesday invoked a ruling by the Chairman of the House to stress that even sub judice matters can be discussed, countering the government’s refusal to hold a debate on the special intensive revision (SIR) of electoral rolls in Bihar.

The government and Rajya Sabha Deputy Chairman Harivansh have denied the Opposition’s demand for a discussion on the SIR on the ground that the matter was pending before the Supreme Court. A refusal by former Lok Sabha Speaker Balram Jakhar to discuss the functioning and responsibilities of an autonomous body such as the Election Commission has also been cited by the government to turn down the Opposition’s demand.

Kharge on Wednesday wrote a letter to Harivansh, recalling a July 2023 ruling by the Rajya Sabha Chairman that “the concept of sub judice is totally misconceived” while underlining that the House was entitled to discuss “anything under the planet”.

“On July 21, 2023, the then Chairman of the Rajya Sabha had given a ruling that ‘…this House is entitled to discuss anything under the planet with one restriction….’ He had added that ‘this one restriction’ relates to the conduct of any judge of the Supreme Court or the High Court…,” Kharge wrote.

“Further, the Chairman ruled that ‘…the concept of sub judice is totally misconceived…’,” the LoP added, stressing that since the “Chair is a continuing entity”, the ruling clearly shows that matters pending before the court can also be discussed in the House.

“It is clear from this ruling of the Chair that the Rajya Sabha is entitled to discuss the issue of revision of electoral rolls. Which is of fundamental importance in our democracy,” Kharge stressed.

The letter came at a time proceedings in both Houses of Parliament continued to be stalled by the Opposition over the SIR. The monsoon session of Parliament that began on July 21 has hardly transacted any business apart from a discussion on Operation Sindoor.

Congress deputy leader in the Lok Sabha Gaurav Gogoi later took to X, seeking to debunk the government’s claim that discussions on autonomous bodies such as the EC cannot be held in Parliament. Gogoi cited a number of instances when Parliament has discussed issues related to elections and the poll body.

“Just to jog the memory of the BJP-led NDA government — Parliament has a long history of discussing electoral reforms and the functioning of the Election Commission: In 1961, the Rajya Sabha debated amendments to the Conduct of Elections Rules — the discussion was led by then Law Minister Gopal Swarup Pathak. In 1981, Congress MP Manubhai Patel moved a resolution to set up a parliamentary committee to review election laws. In 1991, the Upper House debated the urgent need to amend existing election laws,” Gogoi wrote.

The Congress leader’s post said that a discussion on electoral reforms was held under the Modi government too. “…And as recently as 2019, a Short Duration Discussion on electoral reforms saw participation from the then Law Minister Ravi Shankar Prasad,” he said.

Congress general secretary in charge of communications Jairam Ramesh posted that there was a discussion on the “need to introduce comprehensive electoral reforms and to undertake a fresh delimitation of Parliamentary and Assembly Constituencies” in 1986 as well.