Central Idea

During the ongoing Monsoon Session of Parliament, there were differences between the ruling and opposition parties, leading to complaints against 2 MPs.
These complaints were referred to the Privileges Committee.

What is Parliamentary Privilege?

Definition: Parliamentary privilege refers to the rights and immunities enjoyed by legislators during the course of their legislative duties.
Protection: MPs/MLAs are protected from civil or criminal liability for actions or statements made while discharging their legislative functions.
Constitutional Basis: The powers, privileges, and immunities of both Houses of the Indian Parliament and their members are enshrined in Article 105 whereas Article 194 deals with State Legislatures.

Breaching Privilege: Any disregard of the rights and immunities constitutes a breach of privilege and is punishable under parliamentary law.
Motion: A notice in the form of a motion can be moved by any member of either House against those held guilty of a breach of privilege.
Contempt Actions: The Houses also have the right to punish actions that may not be a specific breach of privilege but are offenses against their authority and dignity.

Indira Gandhi’s Expulsion (1978): Indira Gandhi was expelled from the Lok Sabha for obstructing government officials from collecting information for a question on Maruti.
Subramanian Swamy’s Expulsion (1976): Subramanian Swamy faced expulsion from the Rajya Sabha for engaging in interviews perceived as “anti-India propaganda.”
Cash for Query Scandal (2005): Eleven “tainted” MPs involved in the cash for query scandal were expelled from the Lok Sabha.

Lok Sabha: Rule No. 222 in Chapter 20 of the Lok Sabha Rule Book governs privilege.
Rajya Sabha: Correspondingly, Rule 187 in Chapter 16 of the Rajya Sabha rulebook deals with privilege.
Scope of Notice: The notice must relate to a recent incident requiring the intervention of the House.
Timing: Notices must be given before 10 am to the Speaker or the Chairperson.

Scrutiny: The Speaker/RS Chairperson is the first level of scrutiny for a privilege motion.
Decision Making: They can decide on the privilege motion themselves or refer it to the Privileges Committee.
Opportunity to Speak: If consent is given under Rule 222, the member involved is given an opportunity to make a brief statement.

Composition: In the Lok Sabha, the Speaker nominates a 15-member Committee of Privileges based on respective party strengths.
Report Presentation: The Committee presents a report to the House for consideration. A half-hour debate may be permitted while considering the report.
Final Orders: The Speaker may pass final orders or direct that the report be tabled before the House.
Resolution: A resolution relating to the breach of privilege must be unanimously passed.
Rajya Sabha: In the Rajya Sabha, the Deputy Chairperson heads the 10-member Committee of Privileges.