The main focus of this article is the privilege motion moved by the chief whip of Congress in the Rajya Sabha against the Union Culture Minister. The bone of contention is the appointment of the chairperson of the National Monuments Authority (NMA). Critics argue that, based on the law enacted by Parliament in March 2010, the current chairperson’s educational and professional background does not meet the necessary requirements.
About National Monuments Authority (NMA)
Established under the Ministry of Culture in accordance with the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act (AMASR), NMA operates to protect and preserve monuments and sites. They manage prohibited and regulated areas around centrally protected monuments and consider granting permissions for construction related activities within these areas.
According to the AMASR Act, the chairperson of NMA should have “proven experience and expertise in the field of archaeology, country and town planning, architecture, heritage, conservation architecture or law”.
Breach of Parliamentary Privileges: An Explanation
Parliamentary Privileges are rights and immunities enjoyed by Parliament members, both individually and collectively, which allow them to discharge their functions effectively. If any of these rights are disregarded, it becomes a breach of privilege and is punishable under Parliament law.
A member from either House can move a notice in the form of a motion against those accused of breaching privilege. The main purpose is to censure the implicated minister.
Role of the Speaker/Rajya Sabha Chairperson
The Speaker or Rajya Sabha chairperson acts as the first level of scrutiny for a privilege motion. They can decide on the motion independently or refer it to the privileges committee of the Parliament. With the Speaker or chairperson’s consent under relevant rules, the concerned member is given a chance to make a brief statement.
Parliamentary Privileges Defined
Parliamentary privileges refer to special rights, immunities, and exemptions enjoyed by the two Houses of Parliament, their committees, and their members. These privileges also extend to those entitled to speak and participate in House proceedings or any of its committees, which include the Attorney General of India and Union ministers.
However, the President, who is an essential part of the Parliament, does not enjoy these parliamentary privileges. Instead, they have separate privileges provided for under Article 361 of the Constitution
The Privilege Committee
The Privilege Committee is a standing committee that examines cases of privilege breaches by the House and its members and recommends suitable actions. The Lok Sabha committee consists of 15 members, while the Rajya Sabha committee has 10 members.
