Breach of Parliamentary Privileges

GS II-POLITY

Introduction

Parliamentary privileges are rights and immunities granted to members of Parliament individually and collectively to enable them to function effectively.
A breach of privilege occurs when these rights and immunities are disregarded, and it is considered an offence punishable under parliamentary law.

Key Aspects of Breach of Privilege

• Any member of either House can move a privilege motion against an individual found guilty of breaching parliamentary privileges.
• The purpose of the motion is to censure the concerned minister or member.

Role of the Speaker/Rajya Sabha Chairperson

• The Speaker (Lok Sabha) or Chairperson (Rajya Sabha) is the first level of scrutiny for a privilege motion.
• They can either decide on the motion themselves or refer it to the Privileges Committee.
• If accepted, the concerned member is given an opportunity to make a short statement.

Rules Governing Privileges

• Rule 222 (Lok Sabha Rule Book, Chapter 20) and Rule 187 (Rajya Sabha Rule Book, Chapter 16) govern privilege matters.
• A member can raise a question of privilege with the consent of the Speaker/Chairperson regarding any breach involving:
  • A member of Parliament
  • The House itself
  • A parliamentary committee

Parliamentary Privileges – Constitutional Basis

• Defined under Article 105 of the Constitution.
• Two key privileges explicitly mentioned:
  1. Freedom of speech in Parliament
  2. Right to publication of parliamentary proceedings
• Who enjoys these privileges?

• • Members of Parliament (MPs)
  • Parliamentary committees
  • Union Ministers and the Attorney General of India (as they can participate in parliamentary proceedings)

• President NOT covered under parliamentary privileges (Article 361 provides separate privileges for the President).
• Protection from Arrest: Under the Code of Civil Procedure (1908), MPs are immune from arrest or detention in civil cases:

• • During a parliamentary session
  • 40 days before and after a session

• No Codified Law: Parliament has not yet enacted a comprehensive law codifying all parliamentary privileges.

Privileges Committee

• A Standing Committee that examines cases of privilege breaches and recommends action.
• Composition:
  • Lok Sabha: 15 members
  • Rajya Sabha: 10 members