Privilege Motion Against MLA

Context: 

Recently, a breach of privilege motion moved against senior BJP MLA and Deputy Leader of the Opposition Rajendra Rathore led to an uproar in the Rajasthan Assembly. 

What is a Privilege Motion and who can move it?

• All Members of Parliament (MPs) and State Assembly (MLAs) enjoy rights and immunities, individually and collectively, so that they can discharge their duties and functions effectively.
• Any instance when these rights and immunities are disregarded by any member of Lok Sabha or Rajya Sabha is an offence, called ‘breach of privilege’, which is punishable under the Laws of Parliament.
• Any member from either house can move a notice in the form of a motion against the member who he/she thinks is guilty of the breach of privilege.
• Both Houses of the Parliament reserve the right to punish any action of contempt (not necessarily breach of privilege) which is against its authority and dignity, as per the laws. 

Rules Governing Privilege Motion:

• The rules governing the privilege are mentioned in the Rule No 222 of the Lok Sabha Rule Book and Rule 187 of the Rajya Sabha rulebook.
• The rules explain that any member of the House may, with the consent of the Speaker or the Chairperson, raise a question involving an incident that he or she considers a breach of privilege either of a member or of the House or of a committee.
• The notice, however, has to be about a recent incident and should need the intervention of the House. 
• These notices have to be submitted before 10 am to the Speaker or the Chairperson of the House. 

Role of the Lok Sabha Speaker and Rajya Sabha Chairperson:

• The speaker of Lok Sabha and the Chairperson of Rajya Sabha are the first level of scrutiny of a privilege motion in the two Houses of Parliament.
• They can either take a decision on the privilege motion or can also refer it to the privileges committee of Parliament.
• Once the Speaker or the House Chairperson gives consent under Rule 222, the concerned member is allowed to explain himself or herself.

 What is the Privileges Committee? 

• The Speaker of Lok Sabha nominates a committee of privileges consisting of 15 members of parliament from each party.
• The report prepared by the committee is submitted to the House for its consideration.
• The Speaker may also allow a half-hour debate on the report by the committee before passing orders or directing that the report be tabled before the House. A resolution is passed. 

About Parliamentary Privileges:

• Parliamentary privileges are special rights, immunities and exemptions enjoyed by the two Houses of Parliament, their committees and their members.
• The Constitution also extends the parliamentary privileges to those persons who are entitled to speak and take part in the proceedings of a House of Parliament or any of its committees. These include the Attorney General of India and Union ministers.
• Article 105 of the Constitution expressly mentions two privileges, that is, freedom of speech in Parliament and right of publication of its proceedings.
• The parliamentary privileges do not extend to the President who is also an integral part of the Parliament. Article 361 of the Constitution provides for privileges for the President.

News Source: The Hindu

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