Privilege Motion: How it works?

Why in the news?

Recently, Jairam Ramesh submitted a privilege motion notice against Amit Shah for allegedly misleading Parliament about Kerala’s warning on Wayanad landslides.

In his letter to Rajya Sabha Chairman Jagdeep Dhankhar, Congress’s Rajya Sabha MP and Chief Whip Jairam Ramesh stated that the Home Minister’s claims about early warning systems and the Kerala government’s alleged failure to utilize them despite alerts from the Centre before the landslides had “been extensively fact-checked in the media.”

A Member of Parliament moves the privilege motion when they believe that a minister or another member has breached the House’s privilege or that of its members by withholding facts of a case or presenting incorrect or distorted information.

What is a Privilege Motion?

It addresses the breach of parliamentary privileges by a minister.

Members of Parliament are individually and collectively granted certain privileges to perform their duties effectively. However, if any member disregards or misuses these privileges or rights, it is considered a breach of privilege and is subject to punishment under Parliamentary laws.

The motion applies to members of both Lok Sabha and Rajya Sabha, it can be moved by any member who notices a breach by another member or members.

Parliamentary Privileges :

The term ‘Privilege’ denotes specific rights and immunities that are collectively held by each House of Parliament and its Committees, as well as individually by the members of each House, that enables them to perform their duties efficiently and effectively.

Objective: The purpose of parliamentary privilege is to protect the freedom, authority, and dignity of Parliament.

Additionally, Members of Parliament are not placed above ordinary citizens in terms of law application due to parliamentary privileges, unless it is justified by good and sufficient reasons for Parliament’s interest.

Article 105 – Privileges of- Parliamentarians, Parliamentary Committees, the Houses Sources of parliamentary privileges-

Collective Privileges- With respect to both the Houses of Parliament

1. It has the right to publish its reports, debates and proceedings and also the right to prohibit others from publishing the same.

• 44th Constitutional Amendment Act 1978 restored the freedom of the press to publish substantially true reports of parliamentary proceedings without prior permission of the House. However, this is not applicable in the case of a secret sitting of the House (Article 361 A).

2. It has the authority to exclude outsiders from its proceedings and conduct private sessions to discuss significant issues.
3. It is empowered to create rules governing its procedures and business conduct, as well as to make judgments on such matters.
4. It can punish members as well as outsiders for its Breach of Privileges or its contempt by reprimand, admonition or imprisonment (also suspension or expulsion, in the case of members).
5. It has the right to receive immediate information on the arrest, detention, conviction, imprisonment and release of a member.
6. It can institute inquiries and order the attendance of witnesses and send for relevant papers and records.
7. No person (member or outsider) can be arrested and no legal process (civil or criminal) can be served within the vicinity of the House without the permission of the presiding officer.
8. The courts are prohibited to inquire into the proceedings of a Hous

Individual Privileges (for Parliamentarians)

1. They cannot be arrested during the session of Parliament 40 days before the session and 40 days after the session (only in civil cases).
2. They have freedom of speech in Parliament which is non-justiciable. No member can be held accountable in any court for statements made or votes cast during parliamentary sessions or its committees.
3. They are exempted from judicial proceedings. They have the right to decline to provide evidence and to appear as witnesses in a court case while Parliament is in session.

In summary, parliamentary privileges denote the unique rights, immunities, and exemptions conferred upon the two Houses of Parliament, their committees, and their members.

The Constitution also extends these privileges to individuals who have the right to speak and participate in the proceedings of a House or its committees, including the Attorney General of India and Union ministers.

However, these privileges do not apply to the President, who is also a key part of Parliament; Article 361 of the Constitution outlines the privileges applicable to the President.

Article 105 of the Constitution specifically mentions two privileges: the freedom of speech in Parliament and the right to publish its proceedings.

In addition to these constitutional privileges, the Code of Civil Procedure, 1908, allows for the freedom from arrest and detention of members under civil process during House meetings, as well as for forty days before and after such meetings.

 It is important to note that Parliament has yet to enact any special law to comprehensively codify all these privileges.

Breach of Privilege Motion:

• A breach of privilege refers to the violation of any privileges held by MPs or Parliament.
• The Privilege motion is detailed in Chapter 20, Rule 22 for the Lok Sabha and Chapter 16, Rule 187 for the Rajya Sabha.
• In the Lok Sabha, the Speaker is in charge of reviewing breaches related to this motion, while the Chairperson does so in the Rajya Sabha.
• If the Speaker or Chairperson believes the accusations to be valid, the accused is called upon to explain their actions.
• The Speaker forms a committee of 15 members in the Lok Sabha, and the Chairperson establishes a committee of 10 members in the Rajya Sabha.
• These committees are tasked with managing all matters and allegations related to the privilege motion and taking necessary actions against any breaches.
•  
• Privilege Committee
  This is a Standing Committee responsible for reviewing cases of breach of privileges related to the House and its members, as well as recommending suitable actions.

     The Lok Sabha committee consists of 15 members, whereas the Rajya Sabha committee comprises 10 members.

Cases of Privilege Motion
Numerous complaints have been filed regarding breaches of privilege motions, and several cases have garnered significant public attention. Some of the most notable examples include:

A privilege motion was initiated by the Minister of State for Parliamentary Affairs against a Trinamool Congress MP, seeking their suspension for the remainder of the current session. This motion was approved by the Chairman of the Rajya Sabha.

Previously, a breach of privilege motion was passed against the Prime Minister and the Defence Minister, accusing them of misleading Parliament regarding the Rafale fighter jet deal.

One of the most significant privilege motions occurred in 1978 against Indira Gandhi. The then Home Minister, Charan Singh, accused her of committing excesses during the Emergency. She was found guilty and expelled from the House.

Many other cases have been recorded, with numerous motions being rejected by the Committees of both Houses of Parliament. The primary purpose of introducing privilege motions is to ensure that no Minister misuses their powers once they are granted the privileges of higher authority.

Conclusion :

Thus, a privilege motion is crucial for maintaining parliamentary integrity, ensuring accountability, and addressing breaches of privilege. 

Explore our courses: https://apnipathshala.com/courses/

Explore Our test Series: https://tests.apnipathshala.com/