Sub judice
Also called: Sub-judice rule · Topic: Parliamentary Procedure, Committees and Privileges · NCERT: Beyond NCERT
Meaning
Sub judice is Latin for "under judgment". It describes a matter that a court is still hearing and has not yet decided. Under the sub judice rule, Parliament and state legislatures avoid discussing such a matter, so that the debate does not sway the judge or harm a fair trial. The rule comes from the Rules of Procedure of the Houses and long convention, not from an article of the Constitution. The presiding officer (the Speaker or the Chairman) decides when it applies. The rule respects the separation of powers: the legislature makes laws, and the courts decide cases.
Example
In the Lok Sabha, an adjournment motion (a request to set aside the day's business and discuss an urgent matter) can be admitted only if the matter is definite, factual, urgent and not sub judice. So if a dispute is already before a court, the Speaker can refuse to admit a motion on it.
Don't confuse with
- Art. 121 bar: this stops Parliament from discussing the conduct of a judge of the Supreme Court or a High Court, except during a motion to remove that judge. The sub judice rule is about cases still pending in court, whoever the judge is.
- Art. 122 bar: this works the other way round. It stops courts from questioning Parliament's proceedings on the ground of procedural irregularity. The sub judice rule keeps Parliament from getting in the way of the courts.