Understanding The Privilege Motion In The Indian Constitution

In the Indian Constitution, a Privilege Motion is a formal process that allows the Parliament or State Legislatures to address breaches of parliamentary privileges by individuals or authorities. Parliamentary privileges are rights and immunities enjoyed by members of Parliament or state legislatures, both individually and collectively, to ensure the effective functioning of the legislative bodies. These privileges include freedom of speech, freedom from arrest in civil cases, and the right to regulate internal affairs. When a breach of privilege occurs, such as withholding or misrepresenting facts, a member of Parliament or a state legislature can raise a Privilege Motion, which is applicable to members of both the Lok Sabha and Rajya Sabha. The Speaker or Chairperson plays a crucial role in scrutinizing and deciding on the motion, and if accepted, the accused is given a chance to explain their position. The Privilege Motion serves as a mechanism to uphold the dignity and integrity of the Parliament and state legislatures, protecting their autonomy and functionality.

Explore related products

Parliamentary Privilege

$89.43

American Institute of Parliamentarians Standard Code of Parliamentary Procedure

$35

Jefferson's Parliamentary Writings: Parliamentary Pocket-Book and A Manual of Parliamentary Practice. Second Series (Papers of Thomas Jefferson, Second Series)

$87 $87

Parliamentary Privilege

$5

Parliamentary Privilege in Canada: Second Edition (Volume 2)

$110

Raising a Question of the Privileges of the House: Navigating House Privileges and Parliamentary Procedures

$1.99

Who can raise a privilege motion?

The right to raise a question of privilege is based on satisfying two conditions:

• The question shall be restricted to a specific matter of recent occurrence.
• The matter requires the intervention of the Council.

Any member of either House can raise a privilege motion against those being held guilty of breach of privilege. This includes members of the Lok Sabha and Rajya Sabha. The Speaker/Chair can decide on the privilege motion or refer it to the privileges committee of Parliament. If the Speaker/Chair gives consent, the member concerned is allowed to make a short statement.

The privileges committee of the Lok Sabha consists of 15 members, while the Rajya Sabha's committee has 10 members. The deputy chairperson heads the committee of privileges in the Rajya Sabha.

The privileges provided to the members of Parliament do not extend to criminal cases and instances of preventive detention.

What constitutes a breach of privilege?

A breach of privilege refers to the violation of any of the privileges of MPs or Parliament. It is an offence that is punishable under the laws mentioned in the parliamentary rule book.

The 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.

The Constitution of India extends parliamentary privileges to people who are allowed to speak and take part in the parliamentary proceedings or any of its committees. This includes the Attorney General of India and all the Union Ministers. This immunity is not extendable to the President of India.

The privileges provided to the members of Parliament do not extend to criminal cases and instances of preventive detention. However, they are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties.

Some of the privileges of each of the houses of Parliament are:

• A member's immunity from court proceedings in any court related to statements made or votes cast in Parliament or a committee.
• 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.

A breach of privilege motion can be moved by a member when they feel that a minister or any member has committed a breach of privilege of the House or one or more of its members by withholding facts of a case or by giving wrong or distorted facts.

Some examples of cases where a breach of privilege motion was passed include:

• In 1978, a motion was passed against Indira Gandhi by then Home Minister Charan Singh claiming excesses made by her during the Emergency. She was found guilty and was expelled from the House.
• A motion was passed on Prime Minister Narendra Modi and Defence Minister Nirmala Sitharaman claiming that they had misled the members of the Parliament on the Rafale fighter jet deal.
• A motion was moved in the Maharashtra Assembly against Republic TV’s Managing Director and Editor-in-Chief Arnab Goswami.

What happens when a breach of privilege occurs?

When a breach of privilege occurs, any member of Parliament can raise a privilege motion with the chairman. The chairman can then refer the motion to the Privileges Committee, or nominate a committee of 10 members to investigate. The committee requires the appointment of a chairman by the Rajya Sabha chairman.

The Speaker or Chairperson is the first level of scrutiny of a privilege motion. The Speaker/Chair can decide on the motion themselves or refer it to the Privileges Committee. If the Speaker or Chair gives consent, the member concerned is allowed to make a short statement explaining their actions.

The Speaker or Chairperson will consider the accusations, and if they are found to be true, 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 in the Rajya Sabha. These committees are responsible for managing all the cases and accusations related to the privilege motion and taking relevant actions.

The parliamentary privileges in India are defined in Article 105 of the Constitution. They are rights and immunities enjoyed by members of Parliament, individually and collectively, so that they can "effectively discharge their functions". When any of these rights and immunities are disregarded, the offence is called a breach of privilege and is punishable under the law of Parliament.

Breach of privilege can include impeding the work of parliament, obstructing a member from carrying out their duties, or disclosing confidential information discussed in parliament without authorization.

If a breach of privilege is found to have occurred, the punishment can range from a warning to imprisonment.

Explore related products

Parliamentary Practice: An Introduction to Parliamentary Law

$17.45

The Constitution of the United States and The Declaration of Independence

$1.99

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99

Pocket U.S. Constitution and Declaration of Independence by Cato Institute

$6.94

Pocket Constitution (25 Pack): U.S. Constitution with Index & Declaration of Independence

$22.49 $35

We the People: A History of the U.S. Constitution

$34.54 $39.99

What are the privileges of each House of Parliament?

The Indian Parliament consists of two houses: the Lok Sabha and the Rajya Sabha. The President of India acts as the head of both houses.

Privileges of the Lok Sabha

The Lok Sabha, or the Lower House, has 543 members who are directly elected by the citizens of India. It is also known as the House of the People. Members of Parliament in the Lok Sabha are referred to as representatives of the people of India. The Speaker of the Lok Sabha exercises parliamentary privileges to maintain decorum, ensure orderly debates, and enforce rules of procedure. Members of Parliament in the Lok Sabha are granted immunity from any proceedings in any court in respect of anything said or any vote given by them in Parliament or any committee thereof. They are also provided protection from arrest in civil cases during the session of Parliament, allowing them to discharge their legislative responsibilities without hindrance.

Privileges of the Rajya Sabha

The Rajya Sabha, or the Upper House, is a permanent body not subject to dissolution. It has a maximum of 250 members, with one-third of them retiring every second year. The members of the Rajya Sabha are elected by the members of all state legislative assemblies by proportional representation. The Deputy Chairperson of the Rajya Sabha heads the committee of privileges, which consists of 10 members. The Chairman of the Rajya Sabha exercises parliamentary privileges to maintain decorum, ensure orderly debates, and enforce rules of procedure. Members of Parliament in the Rajya Sabha are granted immunity from any proceedings in any court in respect of the publication by or under the authority of the House of Parliament of any report, paper, votes or proceedings.

What is the role of the Speaker or Chairperson?

The Speaker/Chairperson plays a crucial role in the Privilege Motion process in the Indian Constitution. The Speaker of the Lok Sabha and the Chairperson of the Rajya Sabha are responsible for overseeing the investigation and scrutiny of any alleged breach of privilege by a minister or member of Parliament.

The Speaker/Chairperson is the first level of scrutiny of a privilege motion. They can decide on the motion themselves or refer it to the privileges committee of Parliament. If a member of Parliament feels that a minister or another member has committed a breach of privilege by withholding or distorting facts, they can move a privilege motion with the consent of the Speaker or Chairperson. The rules governing privilege motions, Rule 222 in the Lok Sabha and Rule 187 in the Rajya Sabha, state that the notice of breach must be presented before 10 am and must pertain to a recent incident requiring urgent intervention.

Once the Speaker or Chairperson deems the accusations to be true, the accused is summoned to explain themselves. The Speaker of the Lok Sabha then elects a 15-member committee, while the Chairperson of the Rajya Sabha elects a 10-member committee. These committees are responsible for handling all cases and accusations related to the privilege motion and taking appropriate action.

The Speaker/Chairperson also decides on the tabling and presentation of reports before the House. A resolution relating to the breach of privilege must be unanimously passed by the House.

In summary, the role of the Speaker or Chairperson in the Privilege Motion process is to oversee the investigation, give consent to motions, summon accused members, elect committees, and decide on the tabling and presentation of reports. Their role is crucial in ensuring the proper scrutiny and handling of any alleged breaches of privilege by ministers or members of Parliament.

Frequently asked questions