Parliamentary Privileges
- Definition: Special rights, immunities, and powers enjoyed by Parliament as an institution and by individual MPs to perform constitutional duties without external interference.
- Constitutional Basis:
- Article 105 – Grants privileges to the Parliament of India and its members.
- Article 194 – Extends similar privileges to State Legislatures.
Committee of Privileges
- Nature: A standing committee of Parliament that examines cases of breach of privilege or contempt.
- Composition:
- Lok Sabha Committee – 15 members nominated by the Speaker.
- Rajya Sabha Committee – 10 members nominated by the Chairman.
- Functions:
- Examine complaints of breach of privileges of the House or its members.
- Call witnesses, examine documents, and conduct inquiries.
- Determine whether a breach or contempt has occurred.
- Submit a report to the respective House for acceptance, modification, or rejection.
- Outcome: Most privilege notices are rejected; punitive action is rare.
Breach of Privilege
- Occurs when any act violates the rights, privileges, or immunities of Parliament or its members.
- Examples include contempt of the House, obstruction of parliamentary proceedings, or publishing false statements about parliamentary debates.
Defection Matters
- Governed by the Tenth Schedule (Anti‑Defection Law) and the Members of Lok Sabha (Disqualification on Ground of Defection) Rules, 1985.
- The Speaker may refer petitions on disqualification to the Committee of Privileges for a preliminary inquiry before taking a final decision.
Significance for India
- Protects Independence: Ensures Parliament can function without undue external pressure.
- Maintains Discipline: Acts as a deterrent against contempt and misconduct.
- Upholds Accountability: Provides a mechanism to investigate and sanction breaches, thereby preserving the dignity of the legislative process.
Related Constitutional/Legal Provisions
- Article 105 & 194 – Parliamentary privileges.
- Tenth Schedule – Anti‑defection provisions.
- Rules of Procedure and Conduct of Business in Lok Sabha – Details on privilege notices and committee proceedings.
References: Parliamentary Privileges in India