Privilege Motion

Context:

Rajya Sabha Chairman Jagdeep Dhankar has referred complaints against two opposition MPs to the Privileges Committee.

About Privilege Motion:

• Parliamentary privilege is the sum of certain rights enjoyed by each House collectively and by members of each House individually, without which they could not discharge their functions.
  • Eligibility: Parliamentary privileges are available to individuals who have the right to speak and participate in the discussions of a Parliament House or any of its committees. For Example: the Attorney General of India and Union ministers.
• If there is a belief that such a privilege has been breached, a motion can be raised by any member in the form of  Privilege Motion.
• Adjudicating Authority: 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.
• Constitutional Provision: Article 105 expressly mentions two privileges, that is, freedom of speech in Parliament and right of publication of its proceedings for Members of Parliament (MPs).
• Rules Governing Privilege: The rules governing the privilege are mentioned in the Rule No 222 of the Lok Sabha Rule Book and Rule 187 in of the Rajya Sabha rulebook. 

Committee of Privileges:

• Mandate:  To examine every question involving breach of privilege of the House or of the Members of any Committee thereof referred to it by the House or by the Speaker.
• Lok Sabha: It  consists of 15 Members nominated by the Speaker. 
• Rajya Sabha: It consists of 10 members and is nominated by the Chairman of Rajya Sabha. In the Rajya Sabha, the deputy chairperson heads the committee of privilege.

News Source:  The Indian Express

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