In recent developments, the Indian Parliament witnessed a privilege motion moved against a private Hindi news channel and its Editor. The basis of this motion was an accusation of plagiarism in relation to the first speech delivered by a Member of Parliament (MP) on the floor of the Lok Sabha. Plagiarism refers to the act of using another’s ideas or work as one’s own without proper acknowledgement.
Understanding Parliamentary Privileges
Parliamentary privileges are the special rights and protections that enable MPs to effectively carry out their duties. These privileges are bestowed upon parliamentarians individually and collectively. These privileges, outlined in Article 105 of the Indian Constitution, primarily include freedom of speech in Parliament and the right to publish parliamentary proceedings.
Navigating through the Process: Rule No 222 and Rule No 187
The rules governing these privileges are stipulated in Chapter 20 of the Lok Sabha Rule Book under Rule No 222, and in Chapter 16 of the Rajya Sabha rulebook under Rule No 187. Under these rules, the Speaker of the Lok Sabha or the Chairperson of the Rajya Sabha is the primary authority examining such a privilege motion. Depending on the situation, the Speaker or the Chairperson has the discretion to either decide on the motion themselves or refer it to the parliamentary privileges committee.
If consent is granted according to the rules, the member in question is given a chance to make a brief statement regarding the matter. This allows the concerned individual to present their case and argue their standpoint.
Structure of the Privilege Committee
| House | Head | No. of Members |
|---|---|---|
| Lok Sabha | The Speaker | 15 |
| Rajya Sabha | The Deputy Chairperson | 10 |
Role and Composition: Lok Sabha and Rajya Sabha
In the privilege committee of the Lok Sabha, which is the lower house of Parliament, the Speaker plays an instrumental role. The Speaker is tasked with the nomination of a committee of 15 members, chosen according to the strength of their respective parties.
On the other hand, the upper house of Parliament, the Rajya Sabha, has a privileges committee headed by the Deputy Chairperson. This committee is composed of 10 members.
This structure and procedure ensure that parliamentary privileges are safeguarded, while also maintaining a fair system to thoroughly examine and address any potential breaches of these essential rights and immunities provided to MPs.
