Every member on an individual basis and collectively of Parliament enjoys rights and immunities in order to do their duties and functions efficiently. Any happening when these rights and immunities are disregarded by any member of Lok Sabha or Rajya Sabha is an offence denoted as ‘breach of privilege’, which is punishable. Any member from the Lok Sabha or Rajya Sabha can give notice in the form of a motion against the member who he/she thinks is guilty for the offence i.e. breach of privilege. Both Houses of the Parliament reserve the right to punish any action of contempt (may not necessarily breach of privilege) which is against its authority and dignity, according to the laws.
The concept of Parliamentary privilege in the Constitution of India has been taken from the British Constitution. The main aim of it is to uphold the supremacy of the office of the Parliament and its members.
Where is the Privilege motion specified?
Article 105 mentions – Powers, Privileges and immunities of the House of Indian Parliament and its members and Committees. Chapter 20 of Rule 222 in Rules of Procedure and Conduct of Business in Lok Sabha and Chapter 16 Rule 187 Rules of Procedure and Conduct of Business in the Council of States have stated about Privilege motion.
Chapter 20 of Rule no 222 for Lok Sabha -The rules explain that any member of the House may, with the consent of the Speaker or the Chairperson, raise a question involving an incident that he or she considers a breach of privilege either of a member or of the House or of a committee. The notice, however, has to be about a recent incident and should need the intervention of the House. These notices have to be submitted before 10 am to the Speaker or the Chairperson of the House.
Chapter 16 Rule 187 for the Rajya Sabha – subject to the provisions of these rules, a member may, with the consent of the Chairman, raise a question involving a breach of privilege either of a member or of the Council of a Committee. A member wishing to raise a question of privilege shall give notice in writing to the Secretary-General, before the commencement of the sitting on the day the question is proposed to be raised. If the question proposed to be raised is based on a document, the notice shall be accompanied by the document.
Role of the Lok Sabha Speaker and Rajya Sabha Chairperson?
The speaker of Lok Sabha and the Chairperson of
Rajya Sabha is the first level of scrutiny of a privilege motion in the two
Houses of Parliament. They can either make a decision on the privilege motion
or can also refer it to the privileges committee of Parliament. Once the
Speaker or the House Chairperson gives consent under Rule 222, the concerned
member is allowed to give an explanation.
What is the Privileges Committee?
The Speaker of Lok Sabha nominates a Privileges committee made up of 15 members of parliament from each party. The report prepared by the committee is submitted to the House for its consideration. The Speaker may also allow a half-hour debate on the report submitted by the committee before passing orders or directing that the report be tabled before the House. A resolution is passed. In the Rajya Sabha, the deputy chairperson heads the privileges committee, which consists of 10 members.
Important Parliamentary Privilege
The object of parliamentary privilege is to safeguard the freedom, authority and dignity of Parliament. Some of the more important privileges of each House of Parliament and of its members and Committees are as follows-
- 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.
The privilege of freedom from arrest does not, however, extend to preventive arrest or detention under statutory authority by executive order and in criminal cases.
Have
Privilege Motions been passed in Parliament in the past?
The majority of the privilege motions passed in the Parliament have been
rejected & Penal actions have been recommended in very few.
In 1961, editor of ‘Blitz’ RK Karanjia was indicted with gross
breach of privilege after the publication put out an article that publicly
castigated Congress veteran JB Kripalani. Karanjia was reprimanded in Lok Sabha
and the gallery pass of his correspondent was annulled.
In 1976, BJP MP Subramanian Swamy was expelled from Rajya Sabha
for bringing disgrace to Parliament through his interviews to foreign
publications.
Among the most significant privilege motions passed so far was in 1978 against Indira Gandhi. The then Home Minister Charan Singh had moved a resolution of breach of privilege against her on the basis of observations made by the Justice Shah Commission, which investigated the excesses during the Emergency. Indira Gandhi, who had just won the Lok Sabha elections from Chikmagalur, was expelled from the House.
In
the Winter Session of 2017, BJP MP Bhupendra Yadav, now Minister of
Labour, Employment and Environment, Forest & Climate change had moved a
privilege motion against Rahul Gandhi in Rajya Sabha during Zero Hour. Yadav
had accused Rahul of “intentionally, maliciously and disrespectfully” twisting
the name of Finance Minister Arun Jaitley in a tweet. Rahul had referred to
Jaitley as ‘Jaitlie’. Though, Rajya Sabha Chairperson Venkaiah Naidu had
cautioned Yadav against moving the motion as Rahul was not present in the House
to defend himself.
Recently
in the Winter Session of 2021, Rajya Sabha MPs moved a Privilege motion notice
against former Chief Justice of India Mr Ranjan Gogoi. The notice was sent in
nexus to certain comments made by Justice Gogoi in response to a question on
his Rajya Sabha attendance in an interview to a TV Channel NDTV on 9th
December 2021.
Thus Privilege motion is moved by a member when he/she feels that a minister or any member has committed a breach or infringement of any privilege of the House or one or more of its members by withholding facts of a case or by giving wrong or distorted facts. As observed from the above instances there have been many complaints raised for the breach of the privilege motion. Although various cases have been recorded but many have been rejected.
For latest articles on recent topic click here to read our blog.
Click here to read the recent legal news on our blog
Related
Jurisedge Academy
Share post:
Every member on an individual basis and collectively of Parliament enjoys rights and immunities in order to do their duties and functions efficiently. Any happening when these rights and immunities are disregarded by any member of Lok Sabha or Rajya Sabha is an offence denoted as ‘breach of privilege’, which is punishable. Any member from the Lok Sabha or Rajya Sabha can give notice in the form of a motion against the member who he/she thinks is guilty for the offence i.e. breach of privilege. Both Houses of the Parliament reserve the right to punish any action of contempt (may not necessarily breach of privilege) which is against its authority and dignity, according to the laws.
The concept of Parliamentary privilege in the Constitution of India has been taken from the British Constitution. The main aim of it is to uphold the supremacy of the office of the Parliament and its members.
Where is the Privilege motion specified?
Article 105 mentions – Powers, Privileges and immunities of the House of Indian Parliament and its members and Committees. Chapter 20 of Rule 222 in Rules of Procedure and Conduct of Business in Lok Sabha and Chapter 16 Rule 187 Rules of Procedure and Conduct of Business in the Council of States have stated about Privilege motion.
Chapter 20 of Rule no 222 for Lok Sabha -The rules explain that any member of the House may, with the consent of the Speaker or the Chairperson, raise a question involving an incident that he or she considers a breach of privilege either of a member or of the House or of a committee. The notice, however, has to be about a recent incident and should need the intervention of the House. These notices have to be submitted before 10 am to the Speaker or the Chairperson of the House.
Chapter 16 Rule 187 for the Rajya Sabha – subject to the provisions of these rules, a member may, with the consent of the Chairman, raise a question involving a breach of privilege either of a member or of the Council of a Committee. A member wishing to raise a question of privilege shall give notice in writing to the Secretary-General, before the commencement of the sitting on the day the question is proposed to be raised. If the question proposed to be raised is based on a document, the notice shall be accompanied by the document.
Role of the Lok Sabha Speaker and Rajya Sabha Chairperson?
The speaker of Lok Sabha and the Chairperson of Rajya Sabha is the first level of scrutiny of a privilege motion in the two Houses of Parliament. They can either make a decision on the privilege motion or can also refer it to the privileges committee of Parliament. Once the Speaker or the House Chairperson gives consent under Rule 222, the concerned member is allowed to give an explanation.
What is the Privileges Committee?
The Speaker of Lok Sabha nominates a Privileges committee made up of 15 members of parliament from each party. The report prepared by the committee is submitted to the House for its consideration. The Speaker may also allow a half-hour debate on the report submitted by the committee before passing orders or directing that the report be tabled before the House. A resolution is passed. In the Rajya Sabha, the deputy chairperson heads the privileges committee, which consists of 10 members.
Important Parliamentary Privilege
The object of parliamentary privilege is to safeguard the freedom, authority and dignity of Parliament. Some of the more important privileges of each House of Parliament and of its members and Committees are as follows-
The privilege of freedom from arrest does not, however, extend to preventive arrest or detention under statutory authority by executive order and in criminal cases.
Have Privilege Motions been passed in Parliament in the past?
The majority of the privilege motions passed in the Parliament have been rejected & Penal actions have been recommended in very few.
In 1961, editor of ‘Blitz’ RK Karanjia was indicted with gross breach of privilege after the publication put out an article that publicly castigated Congress veteran JB Kripalani. Karanjia was reprimanded in Lok Sabha and the gallery pass of his correspondent was annulled.
In 1976, BJP MP Subramanian Swamy was expelled from Rajya Sabha for bringing disgrace to Parliament through his interviews to foreign publications.
Among the most significant privilege motions passed so far was in 1978 against Indira Gandhi. The then Home Minister Charan Singh had moved a resolution of breach of privilege against her on the basis of observations made by the Justice Shah Commission, which investigated the excesses during the Emergency. Indira Gandhi, who had just won the Lok Sabha elections from Chikmagalur, was expelled from the House.
In the Winter Session of 2017, BJP MP Bhupendra Yadav, now Minister of Labour, Employment and Environment, Forest & Climate change had moved a privilege motion against Rahul Gandhi in Rajya Sabha during Zero Hour. Yadav had accused Rahul of “intentionally, maliciously and disrespectfully” twisting the name of Finance Minister Arun Jaitley in a tweet. Rahul had referred to Jaitley as ‘Jaitlie’. Though, Rajya Sabha Chairperson Venkaiah Naidu had cautioned Yadav against moving the motion as Rahul was not present in the House to defend himself.
Recently in the Winter Session of 2021, Rajya Sabha MPs moved a Privilege motion notice against former Chief Justice of India Mr Ranjan Gogoi. The notice was sent in nexus to certain comments made by Justice Gogoi in response to a question on his Rajya Sabha attendance in an interview to a TV Channel NDTV on 9th December 2021.
Thus Privilege motion is moved by a member when he/she feels that a minister or any member has committed a breach or infringement of any privilege of the House or one or more of its members by withholding facts of a case or by giving wrong or distorted facts. As observed from the above instances there have been many complaints raised for the breach of the privilege motion. Although various cases have been recorded but many have been rejected.
For latest articles on recent topic click here to read our blog.
Click here to read the recent legal news on our blog
Share this:
Related