PARLIAMENTARY
PRIVILEGE - POLITY
News: Parliamentary privilege
breached, says Congress chief Kharge
What's
in the news?
● The
Leader of Opposition in the Rajya Sabha said he was insulted when the
microphone was turned off while he was speaking; he says the government does
not want to listen to dissenting voices.
Breach
of Privilege:
● Breach
of privilege means the violation of any
of the privileges of MPs/Parliament.
● When
any individual or authority disregards or attacks any of the privileges, rights
and immunities, either of the members individually or of the House in its
collective capacity.
Rules
Governing Privileges:
● The
Constitution (Article 105) mentions
two privileges i.e. freedom of speech in
Parliament and right of publication of its proceedings.
● Rule
No 222 in Chapter 20 of the Lok Sabha
Rule Book and correspondingly Rule 187 in Chapter 16 of the Rajya Sabha rulebook governs privilege.
● 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.
● The
rules mandate that any notice should be relating to an incident of recent
occurrence and should need the intervention of the House.
Privilege
Committee:
● In
the Lok Sabha, the Speaker appoints a
privileges committee of 15 members according to the respective party strengths.
● The
House is then given a report for its consideration.
● While
considering the report, the Speaker may allow a half-hour debate.
● The
Speaker may then issue final instructions or request that the report be tabled
in the House.
● A
resolution pertaining to the breach of privilege may then be moved, which must
be carried unanimously.
● The vice chairman of the
Rajya Sabha chairs the privileges committee, which has ten members.
Go
back to basics:
Article
105:
● Article
105 of the Constitution deals with “powers,
privileges, etc of the Houses of Parliament and of the members and committees
thereof”.
Types
of Parliamentary Privileges in India:
Collective
Privileges:
The privileges belonging to each House of
Parliament collectively are
● The
ability to publish reports, debates,
and proceedings, as well as the ability to prevent others from doing so. It can
publish truthful reports of Parliamentary proceedings without the House's
authorization under the freedom of the press. However, in the case of a House
meeting held in secret, this right of the press does not apply.
● Keep strangers out of the
gathering and organize covert sessions to address
vital issues.
● Make
rules to govern its own procedure
and commercial activity, as well as to adjudicate on such issues.
● Right to immediate
notification of a member's arrest, custody,
conviction, imprisonment, and release.
● Initiate
inquiries and compel a person's attendance.
● The
courts are not allowed to investigate
a House's or its committee's proceedings.
● Without
the consent of the Presiding officer, no one (whether a member or an outsider)
can be arrested, and no legal process (civil or criminal) can be served within
the House's boundaries.
Individual
Privileges:
The privileges belonging to the members
individually are
● During
the session of Parliament, from 40 days before the beginning to 40 days after
the finish, no member may be arrested. This privilege is only granted in civil matters; it is not granted in criminal or
preventive detention situations.
● In
Parliament, members have the right to
free expression. No member of Parliament or its committees is accountable
in any court for anything said or voted in Parliament or its committees. This
independence is limited by the Constitution's provisions as well as the norms
and standing orders that govern Parliament's functioning.
● Members
of Parliament are exempt from jury duty
when Parliament is in session. They have the right to decline to give evidence
and testify in court.
Exceptions:
● Article 361-A
was added by the Constitution 44th
Amendment which says that no person shall be liable to any proceedings,
civil or criminal in any Court of law in respect of any publication in a
newspaper of a substantially true report of any proceedings of either House of
Parliament or Legislative Assembly, unless the publication is proved to have
been made with malice. A similar immunity is extended to broadcast on air.
● Article 121
of the Constitution prohibits any discussion in Parliament regarding the
“conduct of any Judge of the Supreme Court or of a High Court in the discharge
of his duties except upon a motion for presenting an address to the President
praying for the removal of the Judge.