The first special session of the 18th Lok Sabha featured intense debates, with the Opposition clashing with the government on various issues during the Motion of Thanks to the President’s joint address.
Recent Instances of Expunction
- Rajya Sabha: Chairman Jagdeep Dhankhar removed parts of Leader of Opposition Mallikarjun Kharge’s speech critical of PM Narendra Modi and the RSS.
- Lok Sabha: Speaker Om Birla expunged remarks by Rahul Gandhi about the PM and BJP.
- Allegations and Controversy
- Selective Expunction: Allegations of different standards being applied to different MPs have been raised.
- Impact on Parliamentary Debates: Opposition claims selective expunctions hinder their ability to hold the government accountable.
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Expunging involves removing parts of a speech that are considered defamatory, indecent, unparliamentary, or undignified.
- Authority: The presiding officers, namely the Chairman in the Rajya Sabha and the Speaker in the Lok Sabha, have the power to expunge remarks.
- Relevant Rules:
- Rule 261 (Rajya Sabha): The Chairman can order the expunction of words or phrases if deemed defamatory, indecent, unparliamentary, or undignified.
- Rule 380 (Lok Sabha): The Speaker has similar authority to expunge such words from the proceedings.
- Rule 381: If certain words are expunged, these are marked by asterisks with explanatory footnotes in the proceedings stating, “expunged as ordered by the chair”.
- When Are Remarks Expunged?
- Verbatim Records: Parliament keeps a detailed record of all spoken words during proceedings.
- Freedom of Speech: Article 105 grants MPs freedom of speech in Parliament, but it is regulated by the Constitution and parliamentary rules.
- List of Unparliamentary Words: The Lok Sabha Secretariat maintains a list of words and expressions deemed unparliamentary.
Rules of Parliamentary Etiquette
- Avoid Offensive Language: MPs should avoid words that are offensive or contain insinuations.
- Immediate Withdrawal: If the Chair declares a word unparliamentary, it should be withdrawn immediately without debate.
- Printed Debates: Unparliamentary words ordered to be expunged are omitted from printed records.
Scope of Expunction
- Broader Discretion: The Speaker can expunge words harmful to national interest, foreign relations, or offensive to dignitaries.
- Examples of Expunction:
- National Interest: Words prejudicial to national interest or likely to offend national sentiments.
- Foreign Relations: Remarks detrimental to friendly relations with other states.
- Religious Sensibilities: Words affecting religious sentiments of a community.
- Military and Dignity: Remarks discrediting the Army or lowering the dignity of the House.
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Process of Expunction
- Recording: Parliamentary proceedings are recorded verbatim, but expunged remarks are marked by asterisks with an explanatory note.
- Dissemination: A list of expunged words is circulated to media outlets.
- Legal Implications: Publishing expunged content can lead to charges of breach of privilege.
- Allegations Against Colleagues or Outsiders
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- Procedure Under Rule 353: If an MP makes an allegation against a colleague or an outsider, they must follow Rule 353 of the Lok Sabha.
- Advance Notice Required: The rule requires advance notice of the allegation, allowing the concerned Minister to conduct an inquiry and present the facts when the MP makes the allegation in the House.
- Non-Defamatory Allegations: If the allegation is neither defamatory nor incriminatory, Rule 353 does not apply.
- Allegations Against Ministers
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- Accountability to Parliament: Allegations against Ministers are treated differently as the Council of Ministers is accountable to Parliament.
- Right to Question: MPs have the right to question Ministers and make accusations about their conduct as part of their duty to ensure government accountability.
- No Advance Notice Required: For allegations against Ministers, the requirement of advance notice does not apply.
Unparliamentary Expressions
- The Lok Sabha Secretariat publishes a comprehensive book titled “Unparliamentary Expressions”.
- It acts as a reference guide.
- It comprises thousands of words and phrases that are considered inappropriate for parliamentary debates both in English and Indian languages.
- Besides parliament, state legislatures also refer to this book to maintain decorum in debates.
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Historical Context and Examples
- Prime Minister Jawaharlal Nehru: Objected to derogatory remarks about the President of Pakistan, leading to their expunction.
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About Motion of Thanks in Parliament
- Parliamentary Procedure in which a formal motion presented to express gratitude for the President’s Address to both Houses of Parliament.
- President’s Address
- Government Policy Statement: The Address outlines government policies, drafted by the government.
- Content: Reviews past activities and achievements and outlines future policies, projects, and programs on national and international issues.
- Constitutional Basis
- Article 87: The President addresses both Houses at the start of the first session after each general election and at the beginning of the first session each year.
- Purpose: Informs Parliament about the reasons for its summons.
- Annual Feature: This address is an annual requirement and is considered a special address.
- Discussion and Procedure
- Allotment of Time: House rules allocate time to discuss the President’s Address.
- Motion of Thanks: Parliament discusses and expresses thanks for the President’s Address through this motion, similar to the “speech from the Throne” in Britain.
- Amendments: Members can propose amendments to the motion addressing points in the Address or omissions.
- Voting: The motion is put to vote after discussion and a reply from the Prime Minister or another Minister.
- Adoption: The Motion of Thanks is adopted in its original or amended form.
- Significance
- Confidence in Government: The Motion of Thanks must be passed; its defeat signifies a lack of confidence in the government.
- Limitations: Members cannot discuss matters not under the Central Government’s responsibility or mention the President by name during the debate.
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July 8, 2024