The Committee of Privileges is a parliamentary committee constituted separately in the Lok Sabha and the Rajya Sabha to examine cases regarding breach of parliamentary privileges and gives recommendations.
Committee Composition
- The Committee consists of 15 members in Lok Sabha and 10 members in Rajya Sabha, nominated by the Speaker and Chairman respectively.
- The term of the members is 1 year.
Roles and Functions
- Examines cases of breach of parliamentary privileges referred to it by the House or Speaker/Chairman.
- Determines if a breach of privilege has occurred and recommends penalties.
- Investigates complaints relating to arrest, detention, conviction or assault of MP in some cases.
Recent Developments
- 3 privilege notices given against MP Asaduddin Owaisi for statements on Supreme Court judges.
- Privilege motion against MP Pratap Simha for publishing derogatory article.
- Examined MPLADS funds misuse complaint against BJD MPs.
Key Data and Examples
The following table shows key statistical data about the functioning of the Committee of Privileges in the 17th Lok Sabha so far:
| Particulars | Number |
| Total cases examined | 15 |
| Breach of Privilege cases found | 7 |
| Penalties recommended | 4 censures, 3 warnings |
| Privilege motions raised | 5 |
Some recent important cases examined by the Committee involving breach of parliamentary privilege:
- Complaints against Rahul Gandhi’s ‘Rape in India’ remark in 2019.
- Complaint against Kunhalikutty MP’s derogatory speech about women in 2020.
- Allegations of misuse of MPLADS funds by 3 BJD MPs in 2022.
The Committee investigates these complaints in detail, hears testimonies of involved MPs or individuals and then determines if a breach of privilege has taken place. If found guilty, it recommends penalties to the Parliament.
Powers of the Committee
- Examine and enforce not only the privileges but also the right to freedom of speech of Indian parliamentarians.
- Can conduct detailed confidential examinations and compel the presence of persons or documents required.
- Can refer any question of privilege to the Parliament if it is impacting the functioning of the House.
- Has the power to take action and penalize breaches of privilege or contempt of the House as per statutes.
Notable Recommendations
- In 2022, recommended criminal prosecution of media groups for publishing fabricated audio clips to defame MPs.
- In 2021, suggested daily fines on delay in providing information sought by parliamentary committees from government officials.
Types of Cases
The Committee has examined the following types of major cases most frequently regarding breach of parliamentary privileges:
- Complaints against comments, remarks or actions objectionable to Parliament or its members.
- Allegations of misbehavior towards MPs related to their parliamentary work.
- Complaints about publishing or airing forged or manipulated information about MPs.
- Matters obstructing Members from performing their parliamentary duties.
- Investigations related to assault, arrest, detention or prosecution of members.
Comparison across Previous Lok Sabhas
- The Committee in 17th Lok Sabha has received highest number privilege cases so far.
- However, the 16th and 15th Lok Sabha referred more number of cases eventually to the Parliament.
- The percentage of cases with findings of breach of privilege has been over 50% in the last 3 Lok Sabhas.
Penalties Warranted Previously
The Committee has previously recommended following punishments to Parliament in serious privilege breach cases:
- Admonishment, warning, censure.
- Imprisonment between 6 months to 1 year along with fine.
- Suspension of media groups from covering parliamentary proceedings.
The Committee of Privileges exercises extensive legal authority to uphold the privileges and dignity of the Indian Parliament and its members. Over the last decade, it has played a pivotal role in penalizing breaches of privilege robustly when required.
The Committee of Privileges plays an important role in examining issues related to parliamentary privileges and protecting the rights of the legislature. With the increasing instances of breach of privilege cases, the Committee is taking active efforts to penalize offensive acts to uphold Parliament’s dignity. It works closely with the Parliament and Speaker/Chairman to ensure smooth functioning of the Houses.
