The Members of Parliament are granted certain privileges individually and collectively so as to perform their duties properly. But if any of the members disregard or misuses any of these privileges or rights, it is considered as a breach of the privilege and is liable for punishment under the Parliamentary laws.
This motion is applicable for members of both Lok Sabha and Rajya Sabha and if any member notices another member or members breach it, they can move the privilege motion against the accused members.
What is Parliamentary Privilege?
- The term ‘privilege’ means certain rights and immunities enjoyed by each House of Parliament and its Committees collectively, and by the members of each House individually without which they cannot discharge their functions efficiently and effectively.
- The object of parliamentary privilege is to safeguard the freedom, authority and dignity of Parliament.
- But they are available to individual members only insofar as they are necessary for the House to perform its functions freely without any let or hindrance.
- Privileges of Parliament do not place a member of Parliament on a footing different from that of an ordinary citizen in the matter of the application of laws unless there are good and sufficient reasons in the interest of Parliament itself to do so.
- Some of the more important privileges of each House of Parliament and of its members and Committees are
- Freedom of speech in Parliament,
- Immunity to a member from any proceedings in any court in respect of anything said or any vote given by her/him in Parliament or any committee thereof,
- Immunity to a person from proceedings in any court in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings, prohibition on the courts to inquire into proceedings of Parliament and
- Freedom from the arrest of members in civil cases during the continuance of the session of the House and forty days before its commencement and forty days after its conclusion.
Breach of Privilege Motion
- A breach of privilege is an infringement of any of the privileges of MPs or Parliament.
- Chapter 20 of rule 22 for Lok Sabha and Chapter 16 Rule 187 for the Rajya Sabha have mentioned the Privilege motion.
- The scrutiny regarding the breach of this motion in the Lok Sabha is managed by the Speaker and that in the Rajya Sabha is managed by the Chairperson.
- Once the Speaker or the Chairperson considers the accusations to be true then the accused is called to explain themselves.
- A committee of 15 members is elected by the Speaker in the Lok Sabha and a committee of 10 members is elected by the Chairperson at the Rajya Sabha.
- These committees are responsible for managing all the cases and accusations related to the privilege motion and take relevant actions against and breach of the motion.
Some Breach of Privileges Examples
- Writing speeches or articles reflecting on the House, its committees or its members.
- Comment on the Speaker/Chairman’s character and impartiality in discharging his duty.
- Publication of false or distorted reports of the proceedings of the House.
- Publication of expelled proceedings of the House.
- Premature publication of proceedings, evidence or reports of parliamentary committees.
- To publish or disclose the proceedings of a secret session of the House.
Punishment for Breach of Privilege
- Admonition or reprimand
- Suspension from the House
- Expulsion from the House
Role of the Speaker/Rajya Sabha Chairman in case of Privilege of Motion
- The Speaker of the Lok Sabha or the Chairman of the Rajya Sabha is the first level of authority to decide whether an act amounts to a breach of privilege or not.
- The Speaker or the Chairman has two options to decide whether an act is a breach of privilege or not.
- Either he or she can take this decision on their own, or they can refer the matter to the Privilege Committee of the Parliament.
- If the Speaker or Chairman agrees that an act amounts to the ‘Breach of Privilege’ and accepts the Privilege Motion, then the person against whom the motion is presented is allowed to make a short statement explaining his stand.
Articles and Laws which Provide Parliamentary Privilege
- Article 105 of the Indian Constitution provides for two kinds of privileges. First, the freedom of speech in the Parliament, and second, the right to publish its proceedings to the Parliament.
- The rights or immunities are provided to the Members of the Parliament and the Committees of the Parliament.
- Article 194 of the Indian Constitution provides for the privileges and immunities of state legislatures, their members and committees.
- Additionally, Article 361 of the Indian Constitution provides for the privileges and immunities provided to the President of India.
- Also, the Code of Civil Procedure, 1908 provides certain privileges to the legislators apart from those provided under Article 108 of the Indian Constitution.
- The Code of Civil Procedure, 1908, provides freedom from arrest and detention of members under civil cases during the ongoing meeting of the House of Parliament or a Parliamentary Committee.
FAQs
Is privilege motion mentioned in the Constitution?
Article 105 of the Constitution deals with the powers, privileges and immunities of either House of the Indian Parliament and its Members and committees. Chapter 20 of rule 22 for Lok Sabha and Chapter 16 Rule 187 for the Rajya Sabha have mentioned the Privilege motion.
What is a no-confidence motion?
If any member of the House feels that the government in power does not have a majority, then he/she can move a no-confidence motion. If the motion is accepted, then the party in power has to prove its majority in the House.