Chapter

The <i>Sub Judice</i> Rule: Throttling Parliament<sup>1</sup>

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

Published in print January 2006 | ISBN: 9780195678291
Published online October 2012 | e-ISBN: 9780199080588 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195678291.003.0041
The Sub Judice Rule: Throttling Parliament1

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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

Chapter.  1584 words. 

Subjects: Constitutional and Administrative Law

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