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CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
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A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

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The Sub Judice Rule: Throttling Parliament 1

The Sub Judice Rule: Throttling Parliament 1

Chapter:
(p.198) 31 The Sub Judice Rule: Throttling Parliament1
Source:
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS
Author(s):

A.G. Noorani

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195678291.003.0041

This chapter comments on the application of the sub judice rule in both the Rajya Sabha and the Lok Sabha. In December 1995, Rajya Sabha Speaker I. K. Gujra and Lok Sabha Speaker Shivraj Pati both ruled that the cases they were handling were sub judice. The Supreme Court directed the parties to refrain from giving any publicity outside but did not bar any discussion on the subject in parliament. The chapter discusses cases where the presiding officers waived the sub judice and suggests that the rules must be recast in the light of changes in British rules after 1963. It also explains a 1972 resolution which held that the sub judice rule can only be applied when there is a real and substantial danger of prejudice to the proceedings.

Keywords:   sub judice rule, Rajya Sabha, Lok Sabha, I. K. Gujra, Shivraj Pati, Supreme Court, presiding officers, British rules, prejudice

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