A.G. Noorani
- Published in print:
- 2006
- Published Online:
- October 2012
- ISBN:
- 9780195678291
- eISBN:
- 9780199080588
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195678291.003.0041
- Subject:
- Law, Constitutional and Administrative Law
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 ...
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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.Less
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.
