Context: The Privileges Committee of Rajya Sabha was convened recently to discuss unresolved complaints against Opposition MPs.

Rajya Sabha Privileges Committee

• The  privileges committee has decided to summon them for an in-person defense presentation. 
• The charges against the MPs include:  
• breach of privilege 
• Making allegations against high authorities.

What is Privileges Committee?

• Mandate:  The mandate of the privileges committee is to examine such cases and “make such recommendations as it may deem fit”.
  • It can call the relevant people and  related documents as part of its examination. 
  • It Submit 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 was made to the Committee .
  • A motion has to be passed for the consideration of the report and amendments can be suggested. 
  • The Chairman or any member of the  privileges Committee or any other member can move that the Council agrees, disagrees, or agrees with amendments, with the recommendations contained in the report.
• 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  privileges committee of privilege.

What is a Privilege Motion and who can move it?

• Rights and immunities: 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.
• Breach of privilege: Any instance when these rights and immunities are disregarded by any member of Lok Sabha or Rajya Sabha leads to the breach of privilege which is punishable under the Laws of Parliament.
• Privilege Motion: 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. 
• The right to raise a question of privilege is based on satisfying two conditions, namely: 
  • The question shall be restricted to a specific matter of recent occurrence, and 
  • The matter requires the intervention of the Council.
• Significant Cases:  In 1978, Indira Gandhi was expelled from the Loksabha for breach of privilege against her following observations made by the Justice Shah Commission, which probed excesses during the Emergency.
  • in 1976 the Rajya Sabha expelled  Subramanian Swamy over charges of bringing disrepute to Parliament through his activities through interviews in foreign publications that were construed as “anti-India propaganda”.

News Source: The Hindu

DOWNLOAD PDF