Privilege Motion: Meaning, Rules and Procedure

Why in News? 

The issue of a breach of privilege motion is currently being discussed in the Indian Parliament, where ruling party members have issued a notice against a Congress leader for alleged remarks against the President. This matter has been raised seriously due to its connection with the dignity of the office of the President.

Meaning and Purpose of Privilege Motion

A Privilege Motion is a significant tool in the Indian parliamentary system, introduced to safeguard the privileges of Parliament and its members. It is raised when a member or minister violates the rights, freedom, and dignity of Parliament. This process is considered essential for ensuring the smooth functioning of the House and upholding the fundamental principles of democracy.

• Meaning of Privilege Motion: A Privilege Motion is a formal procedure through which a breach committed by a member is brought to the notice of the House. This breach is considered as an affront to the individual or collective rights of Parliament or its members. In the Indian parliamentary system, the Privilege Motion serves as a strong mechanism that defends the rights of Parliament.
• Purpose of Privilege Motion
  • Protection of Parliamentary Dignity: The primary aim of a Privilege Motion is to uphold the dignity, independence, and rights of Parliament.
  • Ensuring Members’ Freedom: It ensures that Members of Parliament can perform their duties independently, without any pressure or interference.
  • Monitoring Conduct: Through a Privilege Motion, the conduct of any member, minister, or official can be scrutinized if it disrupts parliamentary proceedings.
  • Defending Democratic Processes: It serves as a means to maintain the autonomy of Parliament and democratic traditions, helping preserve the dignity and freedom of parliamentary proceedings.

Parliamentary Privileges: Importance and Violation

In the Indian parliamentary system, parliamentary privileges refer to the special rights, immunities, and exemptions granted to the two Houses of Parliament, their members, and committees. The primary purpose of these privileges is to ensure the autonomy, dignity, and freedom of the Parliament, enabling members to carry out their duties without fear, interference, or obstruction.

Key Points Related to Parliamentary Privileges:

• Special Rights and Exemptions: Parliamentary privileges provide certain rights and immunities to the Parliament and its members during their work.
• Legal Immunity: Members are exempt from legal action for anything they say or do within the Parliament, ensuring they can perform their duties without fear of legal repercussions.
• Freedom for Committees: Parliamentary committees are also provided with freedom and protection in carrying out their functions.
• Guaranteeing Freedom: Members can express their opinions freely, without any legal constraints.
• Protection of Dignity and Autonomy: These privileges help preserve the dignity of Parliament and protect it from external interference.
• Lack of Codified Law: Parliament has yet to codify these privileges into a specific law.
• Exemption for the President: Although the President is an integral part of Parliament, they do not enjoy parliamentary privileges.
• Exemption from Arrest: Members are granted immunity from arrest during parliamentary sessions, as well as 40 days before and after the session.

Importance of Parliamentary Privileges:

• Protection of Democracy: These privileges maintain the autonomy of parliamentary democracy, ensuring that no external factors interfere with the functioning of Parliament.
• Protection of Members’ Rights: They provide members the right to perform their constitutional duties independently.
• Freedom of Proceedings: They help maintain smooth and unbiased parliamentary proceedings.
• Dignity of Members: These privileges safeguard the dignity of members while they fulfill their roles and responsibilities.

Violation of Parliamentary Privileges:

• When the special rights granted to members of Parliament are violated, it is considered a breach of privilege. If a member, minister, or external individual infringes upon these privileges, it is regarded as an affront to the dignity and freedom of Parliament. In such cases, the concerned member or minister may face public censure, which is a significant moral punishment.

Historical Perspective of the Privilege Motion

In the Indian parliamentary system, the Privilege Motion has been an essential tool. It has been used several times since India’s independence, and many historical examples highlight its significance and impact.

• Introduction of the Privilege Motion in the Indian Parliament:
  • Inspired by British Tradition: The origin of the Privilege Motion can be traced back to the British Parliament. India, while adopting its parliamentary system, incorporated these privileges within Article 105 of the Indian Constitution.
  • Debates in the Constituent Assembly: During the drafting of the Constitution, the need to protect the freedom of Parliament and its members was considered essential, leading to the inclusion of these privileges.
• Historical and Notable Examples:
  • Indira Gandhi’s Privilege Motion (1978): One of the most well-known instances of a Privilege Motion. At that time, the then Home Minister introduced a Privilege Motion against Indira Gandhi, accusing her of abuses during the Emergency. She was found guilty and expelled from Parliament.
  • Privilege Motion on the Rafale Deal: A motion was introduced against a former Prime Minister and former Defence Minister, accusing them of providing misleading and false information to Parliament regarding the Rafale fighter jet deal. This case underscores the relevance and investigative process of Privilege Motions in recent years.
  • Motion Against Trinamool Congress MP in Rajya Sabha: Recently, the Parliamentary Affairs Minister introduced a Privilege Motion against a Trinamool Congress MP in Rajya Sabha. The motion called for the MP’s suspension during the ongoing session. The Rajya Sabha Chairman approved this motion.

Rules and Laws Governing Privilege Motions

The Privilege Motion in Parliament is governed by detailed provisions in the Constitution and parliamentary rule books. These provisions not only protect the rights of Parliament and its members but also play a crucial role in maintaining the dignity and autonomy of the House.

• Rules for Privilege Motions in Lok Sabha and Rajya Sabha:
  • Lok Sabha Rulebook: Rule 222, Chapter 20: This rule governs the procedure for introducing a Privilege Motion in the Lok Sabha. It gives members the right to raise questions regarding any breach of parliamentary privileges with the Speaker’s permission.
  • Rajya Sabha Rulebook: Rule 187, Chapter 16: Similar to the Lok Sabha, this rule in Rajya Sabha outlines the process for raising matters related to privilege violations. It allows members to raise such issues with the Chairman’s permission.
• Conditions for Raising a Privilege Motion:
  • The violation must be a recent event that requires immediate intervention of the House.
  • The motion must be presented to the Speaker or Chairman before 10 AM.
  • The issue raised should demand urgent attention and decision by the House.
  • Currently, the Indian Parliament has not enacted any specific law to codify all the privileges of its members.
• Constitutional Provisions Related to Parliamentary Privileges:
  • Article 105: Grants two key privileges to members of Parliament: freedom of speech and the right to publish parliamentary proceedings. This article also provides the same rights and immunities to parliamentary committees.
  • Article 194: Relates to the privileges of state legislatures, their members, and committees.
  • Article 361: Provides special privileges to the President of India, granting immunity from judicial accountability for their actions.
• Special Provisions: Civil Procedure Code, 1908
  • Protection from Arrest and Detention: During Parliament sessions, members are granted immunity from arrest or detention in civil matters for up to 40 days before and after a session. This immunity does not apply to criminal cases or preventive detention matters.
  • Statutory Rights: This protection is provided under executive orders and is legally sanctioned.

Procedure for Filing a Privilege Motion

The process of filing a Privilege Motion by a member of Parliament is governed by a structured and clear procedure. This process ensures the protection of the proceedings of Parliament and the privileges of its members.

• Key Steps in the Process:
  • Member’s Consent: Before filing the motion, the concerned member must obtain the consent of the Speaker (in Lok Sabha) or the Chairman (in Rajya Sabha). Without this consent, the motion cannot proceed further.
  • Initial Decision by the House: Once consent is granted, the motion is introduced in the House. The House then decides whether to handle the matter itself or refer it to the Privileges Committee.
  • Role of the Speaker/Chairman: The Speaker or Chairman determines whether the action described in the motion constitutes a breach of privilege. They have two options:
    • To decide the matter themselves.
    • To refer the matter to the Privileges Committee.
  • If the motion is accepted, the concerned party is given the opportunity to present their case. If the matter is referred to the Committee, a 30-minute debate is allowed in the House on the report of the Committee.
• Role of the Privileges Committee:
  • Investigation and Evidence Collection: The Committee calls all parties involved and examines necessary documents related to the case. After a thorough investigation, the Committee prepares its report.
  • Submission of the Report: The Committee’s report is presented in the House. The House then considers the recommendations in the report and makes a final decision.
    • Committee Size in Lok Sabha and Rajya Sabha:
    • Lok Sabha: The Privileges Committee consists of 15 members.
    • Rajya Sabha: The Privileges Committee consists of 10 members.
• Final Decision on the Privilege Motion:
  • Role of the House: After considering the Committee’s report, the House either accepts or rejects the motion. For the motion to be passed, consensus is required.
  • Final Order by the Speaker/Chairman: Based on the discussion and debate in the House, the Speaker/Chairman issues the final order, deciding whether the motion should be included in the House’s record.

Punishment and Actions for Breach of Privilege

A breach of parliamentary privilege is considered a serious offense, as it not only disrupts the functioning of the House but also damages its dignity. In such cases, the House has the authority to take appropriate action for breach of privilege.

• Imprisonment: In serious cases, the individual violating the privilege may be sent to prison. The duration of imprisonment is determined by the House for the specified period.
• Order to Appear Before the House: The person found guilty of violating privilege must appear before the House to explain their actions. The House may issue a warning and advise them not to repeat such actions in the future.
• Suspension or Expulsion from the House: If a breach of privilege is committed by a member of Parliament, they may be suspended or permanently expelled from the House. This punishment is essential to maintain the dignity of the House and its proceedings.
• Action Against the Media: If the media violates parliamentary privilege during reporting, the press facilities of the concerned media organization may be revoked. Additionally, the media may be compelled to issue an apology.
• Public Apology: In cases where the violation is relatively less severe, the guilty party may be required to issue a public apology. This ensures that Parliament and its members can function with independence and fairness, without fear of undue interference or dishonor.

Contemporary Relevance of Privilege Motion

The Privilege Motion is a crucial tool in the Indian parliamentary system that helps maintain the autonomy and dignity of the legislature while holding the executive accountable. In contemporary politics, as democracy continues to strengthen its roots, the significance of this motion has become even more pronounced.

• In modern democratic systems, where the influence of institutions such as the media, judiciary, and executive has grown, the Privilege Motion serves to protect the legislature from external pressures. It ensures the dignity of Parliament and the impartiality of its members. However, it is essential that this motion is used with full responsibility and transparency to prevent misuse for any undue advantage.
• The Privilege Motion is also an effective mechanism for maintaining the balance of power between the legislature and the executive. It safeguards the legislature from encroachments on its rights by the executive and enables it to fulfill its duties. Any unconstitutional or wrongful actions by the executive can be challenged through a Privilege Motion, ensuring that the legislature remains powerful and accountable.

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