Breach of privilege

Subject: Polity

Context:

Rajya Sabha Chairman wrote to chairpersons of the House panels to “impress upon” members of the committees not to divulge any “information to the media” about proceedings of the committees.

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.
• In the absence of any such law, it continues to be governed by British Parliamentary conventions.
• 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.
• If the Speaker/Chair gives consent under Rule 222, the member concerned is given an opportunity to make a short statement.