PRIVILEGE MOTION

PRIVILEGE MOTION

Subject: Polity

Context: RSP MP NK Premachandran Wednesday submitted a privilege notice against Union Agriculture Minister Narendra Singh Tomar for proposing to the protesting farmers amendments in the three contentious agricultural laws passed by Parliament.

Concept:

• 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.

Privilege Committee

• It is a Standing Committee. It examines the cases of breach of the privileges of the House and its members and recommends appropriate action.
• The Lok Sabha committee has 15 members, while the Rajya Sabha committee has 10 members.