Privilege Motion: Meaning, Breach of Privilege & More | UPSC Notes

When a member of parliament reports a minister has violated their privilege, a privilege motion is passed. Members of Parliament have specific privileges and immunities that they might use to "effectively fulfill their tasks" individually and collectively. A violation of privilege is an offence punishable by the legislation of Parliament when any of these rights and immunities are violated. Any member of either House may move a notification in the form of a motion against people who are believed to have violated a privilege. Its goal is to censure the minister.

Privilege Motion is one of the most important topics for the UPSC IAS exam. It covers a significant part of the Polity subject in the Mains General Studies Paper-II syllabus and General Studies Paper-1 of the UPSC Prelims Syllabus.

In this article, we shall discuss the meaning of parliamentary privileges, the rules associated with it and what exactly happens when the privilege of a Member of Parliament is breached.

What is Meant by Privilege Motion?

A privilege motion is a formal complaint raised by a member challenging any action that undermines the rights, powers, or dignity of the legislature or its members. It's essentially a way to hold individuals or entities accountable for breaching these privileges.

Study the Parliamentary System in India here.

What are Parliamentary Privileges?

Parliamentary Privileges are some of the rights and immunities provided to the Members of Parliament. This is to ensure that they can perform their functions and duties in an efficient and effective manner.

• These privileges or rights are provided at both an individual level and a collective level.
• Under the notion of Parliamentary privileges, the legislators are also provided with immunity against certain types of civil or criminal liability for actions performed by them or statements given by them while following their legislative duties.
• Also, the Constitution of India extends these Parliamentary Privileges to such people who are allowed to speak and take part in the parliamentary proceedings or any of its committees thereof.
• Such people include the Attorney General of India and all the Union Ministers who can speak or participate in either house of the parliament.
• This immunity of Parliamentary Privileges is not extendable to the President of India, who otherwise forms an integral part of the Indian Parliament.
• When any of these rights or immunities are disregarded, it is termed as a ‘breach of privilege’, and it is punishable under the laws mentioned in the parliamentary rule book.
• For the same, a Privilege motion is presented in either house of the Parliament.

Important Privileges of Each House of Parliament

Some of the important privileges of each of the houses of parliament are:

• A member's immunity from court proceedings in any court related to statements made or votes cast in Parliament or a committee.
• A person is exempt from legal action in any court with relation to the publication of any report, paper, vote, or other Parliamentary actions by or with the consent of either House and courts are not permitted to inquire into such processes.
• 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.
• Freedom of speech in Parliament
• However, preventive arrest or detention according to statutory authority, by executive order, or in criminal proceedings is not covered by the privilege of freedom from arrest

Study the Schedules of the Indian Constitution here.

Parliamentary Rules Governing Privilege Motion

Rule Number 222, mentioned in Chapter 20 of the Lok Sabha Rule Book and Rule Number 187 in Chapter 16 of the Rajya Sabha Rule Book, govern the notion of Privilege. These rules state that a member of the parliament, with the consent of either the speaker or the chairperson, may raise a question that involves a breach of privilege either of a single member or the whole house or a particular committee, as applicable. The rules also mandate that such notice or question involving a breach of privilege must be related to an incident that occurred recently and needs the urgent intervention of the house. Also, the notice expressing a breach of privilege must be presented to the Speaker or the Chairperson before 10 AM.

Study the Types of Writs in India here.

Cases of Privilege Motion

Some of the important privilege motion matters are as follows:

• The most recent example is of the Rajya Sabha in which a privilege motion was moved by the Parliamentary Affairs Minister of the Rajya Sabha against a Trinamool Congress MP proposing that the Trinamool Congress MP be kept under suspension during the current session. The Chairman of the Rajya Sabha approved this Privilege Motion.
• Earlier, a privilege motion was moved against the country’s former Prime Minister and former Defense Minister, claiming that he had misled the Members of Parliament by giving false information on the Rafale fighter jet deal.
• The most famous and important Privilege Motion was passed in 1978 against Indira Gandhi. This privilege motion was passed by the then Home Minister, claiming the excesses committed by him during the Emergency. Indira Gandhi was found guilty, after which she was expelled from the House.

Also, study the Notes on Fundamental Duties in India from the linked article.

Breach of Privilege

A breach of privilege occurs when one of the MPs’ or Parliament’s privileges is violated. The Privilege motion is discussed in Chapter 20 of Rule 22 for the Lok Sabha and Chapter 16 of Rule 187 for the Rajya Sabha. The Speaker oversees the investigation into the violation of this motion in the Lok Sabha, while the Chairperson oversees the investigation in the Rajya Sabha. When the Speaker or Chairperson believes the accusations are true, the accused is summoned to explain.

The Speaker of the Lok Sabha elects a 15-member committee, whereas the Chairperson of the Rajya Sabha elects a 10-member committee. These committees are in charge of handling all cases and accusations relating to the privilege motion and taking appropriate measures in the event of a moving violation.

Examples of Breach of Privilege

The following are some specific cases of breach of privilege and contempt:-

• Writing speeches or articles reflecting on the House, its committees or its members.
• Comment on the Speaker/Chairman's character and impartiality in discharging his duty.
• Publication of false or distorted reports of the proceedings of the House.
• Publication of expelled proceedings of the House.
• Premature publication of proceedings, evidence or reports of parliamentary committees.
• To publish or disclose the proceedings of a secret session of the House.

Also, study the Motion of Thanks article here.

Punishment for Breach of Privilege

Any one of the following punishments may be imposed on a member found guilty of breach of privilege or contempt of the House:

• Admonition or reprimand
• Suspension from the House
• Expulsion from the House

Check out the Decline of the Indian Parliament here.

Role of the Speaker/Rajya Sabha Chairman in case of Privilege of Motion

The Speaker of the Lok Sabha or the Chairman of the Rajya Sabha is the first level of authority to decide whether an act amounts to a breach of privilege or not. The Speaker or the Chairman has two options to decide whether an act is a breach of privilege or not. Either he or she can take this decision on their own, or they can refer the matter to the Privilege Committee of the Parliament.

If the Speaker or Chairman agrees that an act amounts to the ‘Breach of Privilege’ and accepts the Privilege Motion, then the person against whom the motion is presented is allowed to make a short statement explaining his stand.

Study the Attorney General of India here.

Articles and Laws Providing Parliamentary Privileges

Article 105 of the Indian Constitution provides for two kinds of privileges. First, the freedom of speech in the Parliament, and second, the right to publish its proceedings to the Parliament. The rights or immunities are provided to the Members of the Parliament and the Committees of the Parliament.

Article 194 of the Indian Constitution provides for the privileges and immunities of state legislatures, their members and committees. Additionally, Article 361 of the Indian Constitution provides for the privileges and immunities provided to the President of India.

Also, the Code of Civil Procedure, 1908 provides certain privileges to the legislators apart from those provided under Article 108 of the Indian Constitution. The Code of Civil Procedure, 1908, provides freedom from arrest and detention of members under civil cases during the ongoing meeting of the House of Parliament or a Parliamentary Committee.

Study the Right to Equality here.

About the Privilege Committee

The Speaker or the Chairman has two options to decide whether an act is a breach of privilege or not.

• Either he or she can take this decision on their own, or they can refer the matter to the Privilege Committee of the Parliament.
• In the case of Lok Sabha, the Speaker nominates a committee of Privileges consisting of 15 members depending on the strength of the respective parties.
• Whereas in the case of Rajya Sabha, the Chairman nominates a committee of Privileges consisting of 10 members depending on the strength of respective parties.
• The Speaker of the Lok Sabha or the Chairman of the Rajya Sabha allows a debate for 30 minutes to discuss the contents of the reports published by these committees on the privilege motion.
• Finally, the Speaker or the Chairman decides and passes final orders on whether these reports will be tabled and presented before the House.
• In the end, a resolution relating to the breach of privilege has to be moved and unanimously passed by that house.

Study the Sessions of the Indian Parliament here.

Key Takeaways for UPSC Aspirants Parliamentary Privileges: The privileges of Indian Members of Parliament are essential in the effective conduct of legislative process, providing them with freedom of speech and action in the house. Definition: A Privilege Motion is that formal notice any member of the house can move if he believes that a breach of parliamentary privilege has taken place or if the conduct of a member or a minister is obstructing the functioning of the house. Procedure: As soon as a privilege motion is moved it is examined by the Speaker (Lok Sabha) or the Chairman (Rajya Sabha), who decides whether it has any merit to be admitted and, subsequently, whether it warrants a reference to the Committee of Privileges to be investigated. Breaches of Privilege: Violations may include acts such as publishing news reports that misrepresent parliamentary activities, leaking confidential information or preventing members from performing their functions. Consequences: In case it is violated, the person or party can be summoned, appearing apologetic, or receive punitive sanctions deemed proper by the house, which may go as far as reprimand and censure or even imprisonment in extreme cases. Historical Usage: There are numerous instances in which privilege motions have been raised against the members of parliament as well as against extraneous parties like journalists or government officials for all that is perceived offending the parliamentary decorum. Significance: This measure of privilege is, in fact, a critical tool to ensure that the prestige and dignity of Parliament are maintained. Members' rights are protected, respect for the legislative process is fostered, and the very character of the institution is maintained. Criticism and Debate: Privilege motions have been criticized several times where, though important to parliamentary functions, their practice has sometimes led to debate over freedom of the press, transparency, and the balance between the privileges to be granted to the parliamentarians and the democratic principles in general.

All your doubts regarding the Privilege Motion will be cleared after this article. You can download the Testbook App now to check out various other topics relevant to the UPSC IAS Exam.