The House Rules governing the expunction powers of Rajya Sabha Chairman, Lok Sabha Speaker

Sub: Polity

Sec: Parliament and legislature

Context:

The first special session of the 18th Lok Sabha witnessed heated discussions, with the Opposition clashing with the government over a range of issues while debating the Motion of Thanks to the President’s joint address.

What is meant by Expunction?

Expunction means removal from the records of Parliament a word or portion or entire speech delivered by the MPs in the respective House.
It is exercised upon by the orders of the Speaker or Chairman and is carried out in accordance with laid down rules.
The expunged portions can no longer be reported by media houses, even though they may have been heard during the live telecast of the proceedings.
The practice of expunging remarks is a standard parliamentary procedure.
However the ‘selective expunction’ by the presiding officers has become a flashpoint between the Opposition and the Centre.
Anyone who publishes them thereafter is liable to face charges for breach of privilege of the House.

When are remarks expunged from parliamentary records?

Parliament maintains a verbatim record of everything that is spoken and takes place during proceedings.
Article 105 of the Constitution confers certain privileges and freedom of speech in Parliament on MPs.
If an MP makes an allegation against their colleague or an outsider, Rule 353 of the Lok Sabha outlines the procedural framework to be followed.
The only requirement is advance notice, on receipt of which the Minister concerned will conduct an inquiry into the allegation and come up with the facts when the MP makes the allegation in the House.
The Lok Sabha Secretariat maintains a comprehensive list of ‘unparliamentary’ words and expressions.

What happens if the remark is against a Minister?

The Rules on Expunging does not apply to an allegation against a Minister in the government.
This is because the Council of Ministers is accountable to Parliament, and the Members of the House have the right to question Ministers and make accusations against their conduct as Ministers.

How do presiding officers expunge remarks?

Rule 261 states that If the Chairman of the Rajya Sabha is of opinion that a word or words have or have been used in debate which is or are defamatory or indecent or unparliamentary or undignified, he may in his discretion, order that such word or words be expunged from the proceedings of the Council.
Rule 380 states that If the Speaker of the Lok Sabha is of the opinion that words have been used in debate which are defamatory or indecent or unparliamentary or undignified, the Speaker may, while exercising discretion, order that such words be expunged from the proceedings of the House.
As per the Rule 381 the expunged portions are marked by asterisks with an explanatory footnote stating ‘expunged as ordered by the Chair.’