Privilege motion is an important topic with respect to the upcoming UPSC 2022 CSE General Studies exam. Let’s learn everything about privilege motion along with breach of privilege in detail.
What is Privilege Motion?
In order for the members of parliament to effectively carry out their duties, they are each individually and collectively allowed specific privileges. However, it is deemed a breach of the privilege and is punishable under parliamentary laws if any of the members disregard or abuse any of these rights or privileges.
Members of the Lok Sabha and the Rajya Sabha may initiate a privilege motion against the accused members if they discover that another member or members have violated the motion.
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What is Parliamentary Privilege?
- The term “privilege” refers to a set of benefits received by each House of Parliament, its Committees, and individual members of each House, without which they would be unable to carry out their duties effectively and efficiently.
- Parliament’s freedom, power, and dignity are to be protected by parliamentary privilege.
- However, they are only accessible to individual members inasmuch as it is required for the House to operate freely and without any restrictions.
- The application of laws does not put a member of parliament on a different footing than a regular citizen unless there are compelling grounds that are in the best interests of Parliament.
- Some of the more significant privileges of each House of Parliament, as well as those of its members and Committees, including
- Freedom of speech in Parliament,
- Immunity for members from legal action arising from statements made or votes cast by them in the House or any of its committees
- A person is exempt from legal action in any court with regard to the publication of any reports, papers, votes, or processes by or with the consent of either House of Parliament, and courts are not allowed to enquire into parliamentary proceedings.
- Members are not subject to arrest in civil matters while the House is in session, as well as for forty days prior to and for forty days following it.
However, preventative arrest or detention pursuant to statutory authority, by executive order, or in criminal proceedings is not covered by the privilege of freedom from arrest.
Breach of Privilege Motion
- Any violation of an MP’s or Parliament’s privilege is a breach of privilege.
- The Privilege Motion is covered in Chapter 20 of Lok Sabha Rule 22 and Chapter 16 of Rajya Sabha Rule 187.
- The Speaker of the Lok Sabha oversees the investigation into any violations of this motion, and the Chairperson of the Rajya Sabha oversees that investigation.
- The accused is called to the stand once the Speaker or the Chairperson determines that the accusations are true.
- The Speaker of the Lok Sabha elects a committee of 15 members, and the Chairperson of the Rajya Sabha elects a committee of 10.
- These committees are tasked with handling all the cases and allegations pertaining to the privilege motion and with enforcing the motion when necessary.
Cases of Privilege Motion
Several complaints have been made over the motion that violated the privilege. A few examples have received a fair amount of media attention. Let’s discuss a few of the most significant ones:
- The minister of state for parliamentary affairs has tabled a privilege motion to suspend a Trinamool Congress MP for the remainder of the current session. The Rajya Sabha chairs have accepted this motion.
- Previously, a breach of privilege motion was voted against the country’s Prime Minister and Defence Minister, alleging that they deceived members of Parliament about the Rafale fighter jet sale.
- The most major privilege motion was passed against Indira Gandhi in 1978. The motion was introduced by then-Home Minister Charan Singh, who claimed abuses were committed by her during the Emergency. She was convicted and expelled from the House.
Several such incidents have been documented, and many of them have been rejected by the Committees of both Houses of Parliament. The main objective of introducing the privilege motion was to ensure that no Minister abuses his powers once he has the privileges of a higher authority figure.
