Parliamentary privilege stands as a cornerstone of democratic governance, endowing Members of Parliament (MPs) with a set of special rights to uphold the integrity of their legislative duties. Among these rights is the freedom of expression during debates, ensuring open discussions without the looming threat of court proceedings. In instances where breaches of privilege are suspected, a mechanism exists for redress through the Privileges Committee. Recent developments in India’s Rajya Sabha, involving Chairman Jagdeep Dhankhar and MPs Derek O’Brien of the Trinamool Congress (TMC) and Raghav Chadha of the Aam Aadmi Party (AAP), have brought the significance of parliamentary privilege to the forefront.
The Privileges Committee: A Sentinel of Parliamentary Privilege
The Committee of Privileges is a pivotal body tasked with safeguarding the sanctity of parliamentary privilege. In the Lok Sabha, it comprises 15 members, while the Rajya Sabha appoints 10 members. The Speaker leads nominations in the Lok Sabha, while the Rajya Sabha’s Deputy Chairperson takes the helm. The committee holds the crucial responsibility of examining alleged breaches of privilege involving the House, its members, or any of its Committees. This function ensures that parliamentary privilege remains unimpaired and the legislative process untainted.
Adjudication Process and Recommendations
The Committee’s modus operandi involves a meticulous process of adjudication and recommendation. Upon referral by the House or the Speaker/Chairman, the committee delves into the matter at hand. It meticulously examines the facts surrounding each alleged breach of privilege. Central to its task is determining whether a breach has indeed occurred. Upon this determination, the committee crafts tailored recommendations within its report, addressing the breach and outlining suitable courses of action. This process is fundamental in maintaining the equilibrium between the privileges granted to MPs and the overall integrity of parliamentary proceedings.
Implementation of Recommendations and Reporting
A pivotal facet of the Committee’s role is to specify the procedural roadmap for implementing its recommendations. The report, encompassing the findings and suggestions of the committee, is presented to the House by the Chairman, or in their absence, by a committee member. Should the Speaker refer the matter, the report is presented to the Speaker, who may subsequently issue final orders or direct the report’s presentation on the House’s table. This mechanism ensures that the consequences of a breach of privilege are appropriately addressed and resonate within the legislative framework.
Beyond Breach of Privilege: Additional Responsibilities
While primarily focused on breaches of privilege, the Committee’s mandate extends to other significant aspects of parliamentary functioning. The Speaker/Chairman can invoke the Committee’s assistance for preliminary inquiries regarding a member’s disqualification on grounds of defection. In these cases, the committee carries out a preliminary investigation, furnishing a comprehensive report to the Speaker/Chairman. This role underscores the multifaceted nature of the Committee’s engagement, encompassing issues integral to the democratic process.
