PRIVILEGE MOTION

1. Context

The Congress on Wednesday moved a Privilege Motion against Prime Minister Narendra Modi for posting on social media “a portion of remarks which were expunged from the proceedings of the House by the Chair”

2. What are parliamentary privileges?

Parliamentary privileges are special rights and immunities granted to members of a parliament and the institution itself, aimed at ensuring the effective functioning of the legislative body. These privileges are essential for allowing parliamentarians to perform their duties without undue interference. They are generally based on principles of independence, freedom of speech, and protection from legal liabilities related to their parliamentary functions.

Parliamentary privileges are rooted in historical traditions and legal precedents, often enshrined in a country’s constitution or statutes. They are designed to uphold the independence and effectiveness of the legislative process and ensure that members can perform their roles without undue interference or intimidation

Here are some key aspects of parliamentary privileges:

Members of Parliament (MPs) enjoy immunity from legal action for statements made during parliamentary debates or proceedings. This ensures that they can speak freely and express their views on various issues without fear of defamation lawsuits or other legal repercussions
MPs are generally protected from arrest and detention while attending parliamentary sessions or while traveling to and from Parliament, except in cases of serious criminal offenses. This privilege helps ensure that their legislative duties are not interrupted
Parliaments have the authority to regulate their own internal procedures and discipline their members. This includes the power to expel members, suspend them, or address issues of misconduct
MPs are typically exempt from serving on juries, as their parliamentary duties are considered more important and cannot be interrupted by jury service.
MPs have the right to access and request documents and information necessary for performing their legislative functions. This includes the ability to summon witnesses and demand documents as part of parliamentary inquiries
Any actions that obstruct or disrespect parliamentary proceedings can be deemed as contempt of Parliament. This includes offenses like refusing to answer questions or disrupting proceedings.
Parliamentary committees have the power to conduct inquiries, summon witnesses, and request documents relevant to their investigations. They also have the authority to take evidence under oath

3. What is a privilege motion?

A privilege motion is a formal request made by a member of a legislature, usually in the form of a motion or proposal, to address a breach of parliamentary privilege. Parliamentary privilege refers to the special rights and immunities granted to members of Parliament to ensure the smooth functioning of legislative duties. A privilege motion is used to bring to the attention of the House any action that is perceived to have violated these privileges

Key Aspects of Privilege motion:

Purpose: The primary purpose of a privilege motion is to address and rectify an alleged breach of parliamentary privilege. This could include instances where the rights or immunities of Parliament or its members are infringed upon.
Types of Breaches: Common breaches that may prompt a privilege motion include:
- Contempt of Parliament: Actions that obstruct or disrespect parliamentary proceedings.
- Misrepresentation: Providing false or misleading information to Parliament.
- Interference: Any external interference in parliamentary affairs or attempts to influence the legislative process improperly.
Procedure:
- Submission: A member raises a privilege motion in the House, typically during a designated period or in accordance with specific rules set by the parliamentary procedure.
- Content: The motion should clearly outline the nature of the breach and the specifics of how parliamentary privileges were violated.
- Debate and Decision: Once the motion is raised, it is usually debated by the members of the House. Depending on the outcome of the debate, the House may take action to address the breach, which could include issuing a reprimand, taking disciplinary action, or other measures deemed appropriate

4. What is the constitutional provision with regard to the privilege motion?

The constitutional provisions related to privilege motions are primarily found in the context of the Indian Parliament and its functioning. In India, the provisions regarding parliamentary privileges and the handling of privilege motions are not explicitly detailed in the Constitution but are governed by established parliamentary rules and practices. However, some aspects are implicitly covered by constitutional principles and legislative provisions.

Constitutional Framework

Article 105 (Privileges of Parliament and its Members): Article 105 of the Indian Constitution provides the basis for parliamentary privileges and the powers of both Houses of Parliament (the Lok Sabha and the Rajya Sabha). It states that:
- Clause (1): Members of Parliament (MPs) have the freedom of speech in Parliament, and their speeches and writings cannot be questioned in any court of law. This ensures that MPs can speak freely during parliamentary sessions without fear of legal repercussions.
- Clause (2): This clause provides that the privileges of the Parliament are not restricted by the Constitution but are determined by the rules of the House and customs. It includes the power to punish for contempt and the power to regulate its own proceedings.

Parliamentary Rules and Procedures

The specific procedures for raising and handling privilege motions are detailed in the rules of procedure of the respective Houses of Parliament:

Lok Sabha Rules: The rules governing privilege motions in the Lok Sabha (House of the People) are outlined in the "Rules of Procedure and Conduct of Business in the Lok Sabha". These rules detail the process for raising a privilege motion, including how it should be submitted, debated, and decided upon.
Rajya Sabha Rules: Similarly, the Rajya Sabha (Council of States) has its own set of rules and procedures, detailed in the "Rules of Procedure and Conduct of Business in the Rajya Sabha". These rules provide the framework for raising and addressing privilege motions in the Rajya Sabha.

Judicial Interpretation

Judicial Review: While parliamentary privileges are generally protected from judicial review, the Supreme Court of India has occasionally examined issues related to parliamentary privileges to ensure that they are not abused and that constitutional principles are upheld

5. What is the Privileges Committee of Parliament?

The Privileges Committee of Parliament is a key parliamentary body tasked with investigating and addressing issues related to breaches of parliamentary privilege. The committee plays a crucial role in maintaining the integrity of parliamentary proceedings and ensuring that the privileges of Parliament and its members are respected

Functions of the Privileges Committee

Investigating Complaints: The committee investigates allegations of breaches of parliamentary privilege, which can include issues like contempt of Parliament, misrepresentation, or interference with parliamentary proceedings.
Examining Evidence: The committee examines evidence related to the alleged breach, including testimonies, documents, and other relevant information.
Reporting Findings: After its investigation, the committee prepares a report detailing its findings and recommendations. This report is presented to the Parliament, and the recommendations may include disciplinary actions or other measures to address the breach.
Advising on Privilege Matters: The committee advises the Parliament on matters related to parliamentary privilege and may suggest changes to rules or procedures to prevent future breaches.

Composition

Lok Sabha (House of the People): In the Lok Sabha, the Privileges Committee typically consists of members from different political parties. The committee is chaired by a senior member, usually appointed by the Speaker of the Lok Sabha.
Rajya Sabha (Council of States): Similarly, the Rajya Sabha has its own Privileges Committee, with members from various parties and chaired by a member appointed by the Chairman of the Rajya Sabha.

Procedure

Raising a Matter: A breach of privilege may be raised by a member of Parliament, often in the form of a privilege motion. If the motion is accepted, the matter may be referred to the Privileges Committee for investigation.
Investigation: The committee conducts a thorough investigation into the matter, which may involve collecting evidence, hearing witnesses, and reviewing documents.
Report Submission: The committee submits its report to the Parliament, outlining its findings and recommendations. The Parliament then debates the report and decides on the course of action.

For Prelims: Indian Polity

For Mains: GS-II: Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges and issues arising out of these.

Source: Indianexpress

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