CPI(M)’s Brittas moves privilege motion against Law Minister

CPI(M)’s Brittas moves privilege motion against Law Minister

Subject : Polity

Context : Communist Party of India-Marxist (CPI-M) MP John Brittas moved a privilege motion against the Law Minister Kiren Rijiju for a misleading reply to a question raised by him on the filling up of vacancies in the High Courts.

Concept :

Privilege Motion

• It is concerned with the breach of parliamentary privileges by a minister.

Breach of Privileges

• Parliamentary Privileges are certain rights and immunities enjoyed by members of Parliament, individually and collectively, so that they can “effectively discharge their functions”.
• When any of these rights and immunities are disregarded, the offence is called a breach of privilege and is punishable under law of Parliament.
• 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.

Role of the Speaker/Rajya Sabha (RS) 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 relevant rules, the member concerned is given an opportunity to make a short statement.

Rules governing Privilege

• 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.
• Rules say that 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 or a committee thereof.