Recently, a Privilege Motion was initiated against the Union Textile Minister Smriti Irani in the Lok Sabha. This has brought into focus the issue of parliamentary privileges and their breach by public representatives, more so when they are ministers holding key positions.
What is a Privilege Motion?
A Privilege Motion is linked to the infringement of parliamentary rights and immunities, which are essential for members of the Parliament to perform their duties effectively. The infringement or disrespect of these rights is termed as a breach of privilege and is liable for legal action under Parliament law. This motion can be initiated by any member of either House against individuals found guilty of such violations.
The Role of the Speaker or Rajya Sabha Chair
The Speaker or the Chairperson of the Rajya Sabha is the first line of scrutiny for a privilege motion. They possess the discretion to decide on the motion independently or forward it to the Privileges Committee of Parliament. If consent is granted under relevant rules, the accused member is given an opportunity to present a brief statement.
Governing Rules of Privilege
In the Lok Sabha, Rule No 222 of Chapter 20 and correspondingly Rule 187 of Chapter 16 in the Rajya Sabha rulebook governs privilege. According to these rules, with the consent of the Speaker or the Chairperson, a member may raise a question involving a privilege breach of either a member, the House, or a committee thereof.
Parliamentary Privileges: A Closer Look
Parliamentary privileges refer to special rights, exemptions and immunities enjoyed by the two Houses of Parliament, their committees and their members. The Constitution also extends these privileges to those who are entitled to speak and take part in the proceedings of a House of Parliament or its committees.
This includes the Attorney General of India and Union Ministers. However, the President, although an integral part of the Parliament, does not enjoy these parliamentary privileges. His privileges are covered under Article 361 of the Constitution.
Some Facts About Parliamentary Privileges
| Fact | Detail |
|---|---|
| Constitutional Mention | Article 105 of the Constitution specifically mentions two privileges – freedom of speech in Parliament and right to publication of proceedings. |
| Extension | The parliamentary privileges extend to persons entitled to participate in the proceedings of a House of Parliament or any of its committees. |
| Exclusion | The President does not enjoy these parliamentary privileges. |
| Codifying Law | The Parliament has not yet created a specific law to comprehensively codify all privileges. |
Privilege Committee: The Last Line of Scrutiny
The Privilege Committee is a standing committee that scrutinizes cases of breach of House or member privileges and recommends suitable action. The Lok Sabha committee consists of 15 members, while the Rajya Sabha committee includes 10 members. As such, it plays a crucial role in maintaining the decorum and upholding the rights of the Houses and their members.
