Breach of legislature’s privilege

Subject: Polity

Context:

A motion for breach of privilege was moved in the Maharashtra Assembly against Republic TV’s Editor-in-Chief Arnab Goswami. A similar motion was moved in the Maharashtra Legislative Council against actor KanganaRanaut.

Concept:

• 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 MP’s are to be defined by Parliament (Article 105). No law has so far been enacted in this respect.
• Article 194 deals with the powers, privileges and immunities of the State Legislatures, their Members and their committees.
• In the absence of any such law, it continues to be governed by British Parliamentary conventions.

Breach of privilege

• While the Constitution has accorded special privileges and powers to parliamentarians and legislators to maintain the dignity and authority of the Houses, these powers and privileges are not codified. Thus, there are no clear, notified rules to decide what constitutes a breach of privilege, and the punishment it attracts.
• Any act that obstructs or impedes either House of the state legislature in performing its functions, or which obstructs or impedes any Member or officer of such House in the discharge of his duty, or has a tendency, directly or indirectly, to produce such results is treated as breach of privilege.
• It is a breach of privilege and contempt of the House to make speeches or to print or publish libel reflecting on the character or proceedings of the House, or its Committees, or on any member of the House for or relating to his character or conduct as a legislator.
• 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.
• If the Speaker/Chair gives consent under Rule 222, the member concerned is given an opportunity to make a short statement.