Privilege Motion

Privilege Motion

News: Recently, Rajya Sabha Chairman referred complaints related to the privilege of the House against a couple of MP’s to the privileges committee.

What is a Privilege motion?
• Parliamentary privileges are certain rights conferred to the Members of Parliament for conducting the business of the Parliament.
• There is no codified list of the exact privileges, but it includes the right of free expression in the course of Parliamentary debates and Members of Parliament will not be liable for court proceedings for this.
• If there is a belief that such a privilege has been breached, a motion can be raised by any member. It can be admitted by the Chairman. Then, they can then refer it to the Privileges Committee.

What are the provisions related to Privileges?
• Rule No 222 in Chapter 20 of the Lok Sabha Rule Book and correspondingly Rule 187 in Chapter 16 of the Rajya Sabha rulebook govern privilege.
• The rules say that a member may, with the consent of the Speaker or the Chairperson, raise a question involving a breach of privilege either of a member or of the House or a committee thereof.

How is a Privilege committee formed?
• The Chairman of Rajya Sabha can, from time to time, nominate such a Committee, consisting of ten members. It will also have a Chairman appointed by the Rajya Sabha Chairman.
• The right to raise a question of privilege is based on satisfying two conditions, namely i) The question shall be restricted to a specific matter of recent occurrence, and ii) The matter requires the intervention of the Council.
• The Speaker/RS chairperson is the first level of scrutiny of a privilege motion. Thus, the Speaker/Chair can decide on the privilege motion him or herself or refer it to the privileges committee of Parliament.

What is the role Privilege committee?
• The role of the Privilege committee in Indian parliament is to examine every question involving a breach of privilege of the House or of the members of any Committee referred to it by the House or by the Speaker.
• The committee determines with reference to the facts of each case whether a breach of privilege is involved and makes suitable recommendations in its report. It also states the procedure to be followed by the House in giving effect to the recommendations made by it.
• The committee also deals with any petition regarding disqualification of a member on ground of defection for making a preliminary inquiry and submitting a report to the Speaker.
• The committee is of semi-judicial nature and has the power to punish the members of the houses or the outsider for any breach of privilege.

What are Parliamentary privileges?
• Parliamentary privileges refer to rights, immunities, and exemptions enjoyed by members of parliament individually and collectively to discharge their functions responsibly. The privileges are contained in Article 79 to Article 122 of the Indian Constitution.
• There are two categories of parliamentary privileges in India - the specified and enumerated, and the recognized but unremunerated.
• The specified and enumerated privileges include freedom of speech, freedom from arrest, immunity from proceedings in any courts regarding anything said or voted given by a member in parliament or any committee thereof.
• The recognized but unremunerated privileges include the right to regulate internal affairs, the right to exclude strangers, and the right of publication of proceedings.

Can Parliamentary privileges be challenged in court?
• he Supreme Court has held in several cases that the parliamentary privileges are subject to the fundamental rights guaranteed by the Constitution, especially the right to freedom of speech and expression under Article 19(1)(a).
• The court has also held that the privileges are not part of the basic structure of the Constitution and can be amended by Parliament.
• Therefore, parliamentary privileges can be challenged in court only when they violate the Constitution or the fundamental rights or when they are exercised in an arbitrary or unreasonable manner. The court will exercise judicial review with utmost caution and respect for the sovereignty and independence of Parliament.