Members have freedom of speech in RS, but it’s not free for all: Deputy Chairman Harivansh

New Delhi, Dec 22 (PTI) Rajya Sabha Deputy Chairman Harivansh on Thursday said members have freedom of speech but “it is not free for all” as he rejected as “factually incorrect” the charge made by Leader of Opposition Mallikarjun Kharge that he disallowed him from speaking in the House.

Giving his ruling on the issue, the deputy chairman said the proceedings of the House have to be conducted in a structured manner and if everyone is allowed to speak at the same time, there will be chaos and this would send a wrong picture to the people outside.

“The Leader of Opposition had on 13th, 14th and 16th December, 2022 had demanded that I must express regret or say that I had no powers in allowing him and others to speak in respect of notices given under Rule 267,” Harivansh said.

While giving his clarifications on this issue, the deputy chairman said, “Levelling unfounded allegations against the Chair is a serious matter. With respect to the same, I wish to point out…ruling made by the chairman on 8th December and several times thereafter, are binding on all of us and I too am not an exception in following that.”

Harivansh said on December 13, Kharge was allowed to speak even though his notice was not admitted and on December 14, he had not given any notice and the Chair reminded him about this.

“It was just a factual correction as in his submission the LoP has said he has given notice. I would also like to undermine that there is no direction or indication in the records which suggest that I stopped him for making his submission. In fact on 13th, I allowed him to read his notice on the floor of the House.

“…regarding the allegation that I do not give members from other side a chance to speak and I do not look towards them, I would like to clarify that this is factually incorrect. How can the Chair prevent honourable members, from whichever side, from speaking whose notice has been accepted and listed under the rules,” he asserted.

Noting that there is freedom of speech available to members to raise any issue on the floor of the House, he said, “However, such freedom is subject to the provisions of the Constitution. It is not free for all.”

The deputy chairman emphasised that all members should adhere to rules of the House to ensure that justice is done to the cause for which we have been sent to this House.

“Rules are collectively framed and approved by all of us at this august House. The Chair is duty bound to conduct the House in accordance with those rules. If the Chair in exercise of those rules does not allow any honourable member to speak on issues not listed or admitted under the rules, it should not be taken as partisanship,” he said.

He said the Chair draws its power from members and this House and therefore, sitting on the Chair, no person can afford to be for or against anyone.

On the issue of a discussion on China, Kharge had demanded that it be discussed under rule 267 after suspending all the day’s business of the House. The Chairman has been rejecting all the notices given by opposition members on the India-China conflict and border dispute.