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