BREACH OF PRIVILEGE

BREACH OF PRIVILEGE

Subject : Polity

Context: The Privileges Committee of the Rajya Sabha has found no breach of privilege of YSRCP MP V Vijayasai Reddy after he complained of being allegedly manhandled at Visakhapatnam airport.

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(Art 105) & Art 194 – State legisalture. 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.
• Abreach 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.

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.