New Delhi: A host of serving chairpersons of Parliamentary committees — in Lok Sabha as well as Rajya Sabha — are of the view that Lok Sabha speaker Om Birla’s letter to Parliamentary panel heads on 25 August, urging them to not examine matters that are sub-judice, is not only “unwarranted” but also tantamounts to restricting the role of Parliament.
Congress leader Anand Sharma, who heads the Parliamentary standing committee on home affairs, said that with all due respect to the Speaker, he will question the restriction put on the panel chairpersons that they can’t take up matters pending in courts.
“There is a need to revisit the letter that the Speaker has written. Such a thing has never happened before. There is no precedent. Standing committees should have the space to discuss issues from all angles. There have been numerous instances in the past, including where a joint parliamentary committee has gone into issue, which was sub-judice,” Sharma told ThePrint.
BJD leader Bhartruhari Mahtab, who heads the standing committee on labour, serviced by the Lok Sabha, said that such practice is not followed anywhere in parliamentary democracy.
“There is no rule that restricts Parliamentary panels from taking up issues that are sub-judice. In the past, there have been many precedents where Parliamentary panels have discussed matters, which are pending in courts. Such discussions have to be confidential and not deliberated outside. But there should be no restrictions that sub-judice matters can’t be taken up by Parliamentary panels. Restricting it is akin to restricting the Parliament,” Mahtab told ThePrint.
The Lok Sabha MP said that it was merely a convention in the early 80s — when Public Interest Litigations had not become so prevalent — to avoid discussing issues that are pending in the courts. But with PILs becoming so commonplace now, most matters of public interest now land in courts, he said.
“The convention does not hold any relevance now. As parliamentarians, we can and should discuss issues concerning the public. The only thing is that there should be consensus among members before finalising the panel’s agenda,” Mahtab added.
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‘Will make role of panels irrelevant’
Senior Congress leader and Rajya Sabha member Jairam Ramesh, head of the standing committee on science and technology, told ThePrint via WhatApp message that such level of “vigilance of standing committee” is “unprecedented and unwarranted”.
“We should stop being treated as school children,” Ramesh said.
Birla’s letter to Parliamentary panel heads came close on the heels of sparring between Congress leader Shashi Tharoor, who heads the panel on information technology, and BJP MPs who are members of the panel.
The MPs had objected to Tharoor listing discussion on allowing 4G telecom services in Jammu and Kashmir in the agenda for the panel’s meeting on 1 September on the ground that the matter is pending in the court.
The topic was subsequently dropped from the agenda after Birla’s letter to the Parliamentary panel chairpersons.
Congress MP Adhir Ranjan Chowdhury, who heads the public accounts committee, told ThePrint that not allowing discussions on sub-judice matters will make the role of such panels “irrelevant”.
“Such panels are like mini-Parliament. They have the mandate to scrutinise all issues of public importance. Does that mean that tomorrow a parliamentary panel on home won’t be able to hold discussion on the scrapping of Article 370 in Jammu and Kashmir because the matter is in the court? Chowdhury said.
The Congress’ Lok Sabha leader also said that discussing sub-judice matters in Parliamentary panels in no way means influencing the judiciary.
“Discussions in the panel are confidential but that does not mean issues can’t be taken up for discussion,” Chowdhury said.
Rule and regulations should be followed
However, BJP Rajya Sabha MP Vinay Sahasrabuddhe, who heads the Parliamentary panel on HRD, said that there are existing rules and regulations, and they should be followed.
“If a member has an issue with the existing rules, he or she can take it up within the existing framework. There is a way of seeking amendment,” the leader said.
Parliamentary panels, comprising members of Lok Sabha and Rajya Sabha, have the mandate to closely scrutinise all legislative matters as well as policy issues related to all ministries or departments of the central government that come before it.
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