What is Privilege?
The provisions in Indian Constitution provides the legislative members with rights that entails power, privileges and immunity towards any civil or criminal case against the actions imparted during delivering their legislative duties. This is enlisted under Article 105 for Members of Parliament and under Article 194 for State legislative.
These privileges include:
1. Right to publish debates and proceedings
2. Right to exclude strangers
3. Right to regulate the internal affairs of the House
Other rules that govern these privileges’ mentioned in the rulebook of Lok Sabha and Rajya Sabha are:
1. Freedom of Speech :The members of Parliament enjoy freedom of speech and expression under which one can not be taken to task anywhere outside the four walls of the House (e.g. court of law) or cannot be discriminated against for expressing his/her views in the House and its Committees.
2. Freedom from Arrest : No member shall be arrested in a civil case 40 days before and after the adjournment of the House (Lok Sabha or Rajya Sabha) and also when the House is in session. It also means that no member can be arrested within the precincts of the Parliament without the permission of the House to which he/she belongs.
3. Exemption from attendance as witnesses: Members also enjoy the freedom from attendance as witness.
The privileges provided are to maintain the dignity and honor of the House’s proceedings. However these privileges do not mention what can constitue a breach or what punishment it may attract.
What is breach of Privilege?
- The articles mentioned above state that any act by a member of the house or an outsider that obstructs the performing of legislative duties or any action, speech or publications which damages or maligns the public’s trust in the legislature, leading to a breach in privilege. This breach resulting into contempt of house is punishable.
- In such case, a motion is passed by the Legislative members against the person, which is then scrutinized by the speaker of the House. This request is followed by formation of a parliamentary standing committee i.e. Privilege committee.
- Privilege committee is semi-judicial in nature which examines the breach and submits a report to the House, also recommending an appropriate action. The Privilege committee includes 15 members in Lok Sabha and 10 members in Rajya Sabha.
However it is to note that what constitutes such breach hasn’t been defined in the constitution. Hence the Speaker/ Chairman role is crucial to such proceeding in identifying such action and motions.
SOURCES :
- https://www.civilsdaily.com/news/what-constitutes-a-breach-of-the-legislatures-privilege/amp/
- Laxmikanth.
–SNEHA NAYAK