Privilege Notice

Recently, A privilege notice was submitted by the Parliamentary Party Leader of Trinamool Congress in the Rajya Sabha, against Union Home Minister Amit Shah.

• This notice was filed under Rule 187 of the Rules of Procedure and Conduct of Business in the Council of States (Rajya Sabha). 
  • Rule 187 is related to submission of privilege notices.
  • It allows members of the Rajya Sabha to raise questions involving a breach of Privilege ( of a member, Council, or Committee). 

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What is a Privilege Notice?

It is a formal complaint submitted by a member of Parliament against another member or an external entity for allegedly breaching parliamentary privileges.

• Importance of Privilege Notices
  • Protects MPs/MLAs from external interference.
  • Maintains the dignity and authority of the legislature.
  • Ensures smooth functioning of legislative processes.
• Privilege Notice: Constitution vs. Parliamentary Rules
  • Constitutional Basis
    • Not Explicitly Mentioned: The Indian Constitution does not specifically mention the term “privilege notice.”
    • Articles 105 and 194:
      • These articles form the legal basis for parliamentary privileges, such as freedom of speech within Parliament and immunity from legal actions for actions carried out within the House.
      • They provide the necessary powers and privileges for the functioning of the legislative body but do not go into the specifics of privilege notices.
  • Parliamentary Rules
    • Explicit Mention: The procedures for handling privilege notices are outlined in the parliamentary rules.

What Are Parliamentary Privileges?

• It is a Special rights and protections given to MPs and MLAs to perform their duties freely.
• Purpose: To ensure independence of legislative work without interference.
• Examples of Privileges:
• • Freedom of speech during legislative sessions.
  • No legal action for speeches made in the House.
  • Right to manage the internal affairs of the legislature.

What Is a Breach of Privilege?

A breach of privilege occurs when the rights given by the parliament to MP and MLA are violated. Common examples include:

• Obstructing Work: Preventing an MP/MLA from doing their legislative duties.
• Disrespecting the House: Publishing false or defamatory reports about the legislature.
• Ignoring Summons: Refusing to appear before a parliamentary committee.
• Threatening Members: Intimidation or threats to MPs/MLAs regarding their work.

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Powers of Parliament to Punish Breaches

• Guardian of Privileges:
  • Each House of Parliament has the authority to protect its privileges.
  • only the House can decide if a breach of privilege has occurred.
• Punishments for Breach of Privilege or Contempt:
  • Reprimand or Admonition: A verbal or written warning.
  • Imprisonment: For a specific period.
  • Suspension: Temporarily removing a member from House proceedings.
  • Expulsion: Permanent removal of a member from the House.
  • Other Sanctions: Fines or restrictions can also be imposed.

Role of Speaker/Chairman in Privilege Motion

• The Speaker (Lok Sabha) or the Chairman (Rajya Sabha) acts as the first authority to scrutinize a privilege motion.
• They have the discretion to:
• • Decide on the motion themselves, or
  • Refer the matter to the Committee of Privileges for detailed examination and recommendations.

Committee of Privileges in Parliament

• The Committee of Privileges is responsible for examining matters related to the breach of privilege of the House, its members, or any committee. 
• It ensures that parliamentary privileges are safeguarded and appropriate actions are taken when violations occur.

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• Composition of the Committee
  • Lok Sabha: The committee consists of 15 members nominated by the Speaker.
  • Rajya Sabha (RS): The committee consists of 10 members nominated by the Chairman.
  • In Rajya Sabha, the Deputy Chairperson serves as the head of the committee, appointed by the Chairman.
  • Role and Functions
    • The committee examines:
      • Breaches of privilege related to the House, members, or any committee.
      • Matters referred to it by the Speaker (in Lok Sabha) or the Chairman (in Rajya Sabha).
    • After examination, the committee submits a report with recommendations on the issue.
  • Timelines for Report Submission
    • If the House does not set a specific deadline for the report, it must be submitted within one month from the date of referral.
  • Procedure After the Report
    • Once the report is presented:
      • A motion is moved in the House for its consideration.
      • Members can propose amendments to the recommendations in the report during the discussion.