What is a Privilege Motion and how does the Committee of Privileges in Parliament examine it?

What is a Privilege Motion and how does the Committee of Privileges in Parliament examine it?

Subject :Polity

Section: Parliament

Context: Rajya Sabha Chairman Jagdeep Dhankhar referred complaints related to the privilege of the House against TMC’s Derek O’Brien and AAP’s Raghav Chadha to the privileges committee on Thursday

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 right to raise a question of privilege is based on satisfying two conditions, namely:

(i) the question shall be restricted to a specific matter of recent occurrence

(ii) the matter requires the intervention of the Council.
Similar provisions exist in Lok Sabha with the Speaker having the power to make such decisions. The Speaker/RS chairperson is the first level of scrutiny of a privilege motion. Therefore, the Speaker/Chair can decide on the privilege motion himself or herself or refer it to the privileges committee of Parliament.

• The Speaker/Chairperson can decide on the privilege motion himself or herself or refer it to the privileges committee of Parliament.
• He can then refer it to the Privileges Committee. The Chairman can, from time to time, nominate such a Committee, consisting of ten members. It will also have a Chairman appointed by the Rajya Sabha Chairman.
• If the Speaker/Chair gives consent under Rule 222, the member concerned is given an opportunity to make a short statement.

Privilege Committee

• The mandate of the committee is to examine such cases and “make such recommendations as it may deem fit”. It can call the relevant people as part of its examination and look at related documents. It has to then make a report and if the Council has not fixed any time for its presentation, the report shall be presented within one month of the date on which reference to the Committee was made.
• A motion has to be passed for the consideration of the report and amendments can be suggested. The Chairman or any member of the Committee or any other member can move that the Council agrees, disagrees, or agrees with amendments, with the recommendations contained in the report.