Breach of privilege probe against MP

Subject: Polity

Section: Parliament

Concept:

The Chairman of Rajya Sabha has referred a complaint of “breach of privilege” to a committee against an MP for alleged “disrespectful” remarks made against the Chair.
The committee has been asked to investigate and report the matter, while no deadline has been mentioned.

Parliamentary privilege

Parliamentary privilege refers to rights and immunities enjoyed by Parliament as an institution and MPs in their individual capacity, without which they cannot discharge their functions as entrusted upon them by the Constitution
According to the Constitution, the powers, privileges and immunities of Parliament and MPs are to be defined by Parliament (Article 105). No law has so far been enacted in this respect.
In the absence of any such law, it continues to be governed by British Parliamentary conventions.

Breach of privilege

A breach of privilege is a violation of any of the privileges of MPs/Parliament. Among other things, any action ‘casting reflections’ on MPs, parliament or its committees; could be considered breach of privilege.
A notice is moved in the form of a motion by any member of either House against those being held guilty of breach of privilege
The Speaker/Chairperson can decide on the privilege motion himself or herself or refer it to the privileges committee of Parliament.

Rules Governing Privilege

The Constitution (Article 105) mentions two privileges, i.e. freedom of speech in Parliament and right of publication of its proceedings.
Rule No 222 in Chapter 20 of the Lok Sabha Rule Book and correspondingly Rule 187 in Chapter 16 of the Rajya Sabha rulebook governs privilege.
A member may, with the consent of the Speaker or the Chairperson, raise a question involving a breach of privilege either of a member or of the House.
The rules mandate that any notice should be relating to an incident of recent occurrence and should need the intervention of the House.

Privileges Committee

In the Lok Sabha, the Speaker nominates a committee of privileges consisting of 15 members as per respective party strengths.
A report is then presented to the House for its consideration.
The Speaker may permit a half-hour debate while considering the report.
The Speaker may then pass final orders or direct that the report be tabled before the House.
A resolution may then be moved relating to the breach of privilege that has to be unanimously passed.
In the Rajya Sabha, the deputy chairperson heads the committee of privileges, that consists of 10 members.

Role of the Speaker/Rajya Sabha Chair

The Speaker/RS chairperson is the first level of scrutiny of a privilege motion.
The Speaker/Chair can decide on the privilege motion himself or herself or refer it to the privileges committee of Parliament.
If the Speaker/Chair gives consent under Rule 222, the member concerned is given an opportunity to make a short statement.