Privilege Motion in Parliament

GS 2 – Polity 

Parliamentary Privileges are special rights granted to Members of Parliament (MPs) to facilitate the smooth functioning of legislative business. While there is no codified list, these privileges include freedom of speech in Parliamentary debates, where MPs are protected from court proceedings for their statements.

If a breach of privilege occurs, any MP can raise a privilege motion, which the Chairman of the Rajya Sabha (RS) or the Speaker of the Lok Sabha (LS) may admit. Once admitted, the matter can be referred to the Privileges Committee under Rule 203 of the Rules of Procedure and Conduct of Business in the Council of States (RS).

Committee of Privileges

The Privileges Committee is responsible for examining issues related to breaches of privilege.

Composition:

• 1. Lok Sabha: 15 members nominated by the Speaker.
  2. Rajya Sabha: 10 members nominated by the Chairman, with the Deputy Chairperson as the head.

Functions:
The committee investigates breaches of privilege concerning the House, its members, or any of its committees. It prepares a report with recommendations and submits it within one month unless otherwise specified by the House.

Procedure:
Once the report is presented, a motion is moved in the House for its consideration, and amendments may be suggested.

Conditions for Raising a Privilege Motion:

• 1. The matter must be specific and of recent occurrence.
  2. It must require the intervention of the House.

The Speaker/Chairman performs an initial review of the motion and can either decide on it directly or refer it to the Privileges Committee.

Notable Cases of Privilege Motion and Expulsion

While most privilege motions do not result in penal action, a few significant cases have led to expulsions:

Indira Gandhi (1978):

• 1. After winning the Lok Sabha election from Chikmagalur, she was expelled following a breach of privilege resolution moved by then Home Minister Charan Singh.
  2. The resolution stemmed from findings of the Justice Shah Commission, which investigated abuses during the Emergency period.

Subramanian Swamy (1976):

• 1. Expelled from the Rajya Sabha for allegedly engaging in anti-India propaganda through interviews in foreign publications, which were seen as tarnishing the Parliament’s reputation.

These cases underscore the significance of privilege motions as a mechanism to uphold the dignity and accountability of Parliament and its members.