From UPSC perspective, the following things are important :
Prelims level : Privilege Motion
Mains level : Breach of Privilege
A spokesperson of the non-ruling political party has said that he will move a privilege motion against the Health Minister for misleading Parliament that no deaths were reported specifically because of shortage of oxygen.
Breach of Privilege
- Parliamentary privilege refers to the right and immunity enjoyed by legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties.
- The powers, privileges and immunities of either House of the Indian Parliament and of its Members and committees are laid down in Article 105 of the Constitution.
- Article 194 deals with the powers, privileges and immunities of the State Legislatures, their Members and their committees.
What is a privilege motion?
- Parliamentary privileges are certain 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 law of Parliament.
- A notice is moved in the form of a motion by any member of either House against those being held guilty of breach of privilege.
- Each House also claims the right to punish as contempt actions which, while not breach of any specific privilege, are offences against its authority and dignity.
What are the rules governing privilege?
- Rule No 222 in Chapter 20 of the Lok Sabha Rule Book and correspondingly Rule 187 in Chapter 16 of the Rajya Sabha rulebook govern privilege.
- It says that a member may, with the consent of the Speaker or the Chairperson, raise a question involving a breach of privilege either of a member or of the House or of a committee thereof.
- The rules however mandate that any notice should be relating to an incident of recent occurrence and should need the intervention of the House.
- Notices have to be given before 10 am to the Speaker or the Chairperson.
What is the role of the Speaker/Rajya Sabha Chair?
- The Speaker/RS chairperson is the first level of scrutiny of a privilege motion.
- The Speaker/Chair can decide on the privilege motion himself or herself or refer it to the privileges committee of Parliament.
- If the Speaker/Chair gives consent under Rule 222, the member concerned is given an opportunity to make a short statement.
What is the privileges committee?
- In the Lok Sabha, the Speaker nominates a committee of privileges consisting of 15 members as per respective party strengths.
- A report is then presented to the House for its consideration. The Speaker may permit a half-hour debate while considering the report.
- The Speaker may then pass final orders or direct that the report be tabled before the House.
- A resolution may then be moved relating to the breach of privilege that has to be unanimously passed.
- In the Rajya Sabha, the deputy chairperson heads the committee of privileges, which consists of 10 members.
Answer this PYQ in the comment box:
Q.With reference to the Parliament of India, which of the following Parliamentary Committees scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, by-laws etc. conferred by the constitution of delegated by the Parliament are being properly exercised by the Executive within the scope of such delegation?
(a) Committee on Government Assurances
(b) Committee on Subordinate Legislation
(c) Rules Committee
(d) Business Advisory Committee