Parliamentary Privileges: Key Concepts for UPSC

Introduction

Parliamentary privileges are special rights, immunities, and exemptions enjoyed by each House of Parliament, its committees, and its members. These privileges are essential for the effective discharge of parliamentary functions.

What is a Privilege Notice?

A Privilege Notice (or Motion) is a formal notice submitted by a Member of Parliament (MP) alleging a breach of their parliamentary rights, immunities, or the dignity of the House.

Key Features:

• Moved under: Rule 222 in Lok Sabha, Rule 187 in Rajya Sabha
• Purpose: Initiate action against members or outsiders who have committed breach of privilege or contempt of the House
• Timing: Usually raised after Question Hour; can be allowed anytime in urgent cases
• Role of Presiding Officer: Speaker (Lok Sabha) or Chairman (Rajya Sabha) examines the notice and may give or withhold consent

Procedure:

1. Presiding Officer examines the notice
2. If admitted, member seeks leave of the House
3. If no objection or at least 25 members support, leave is granted
4. House may debate directly or refer to Committee of Privileges
5. Final decision rests with the House

Parliamentary Privileges: Types and Sources

Types of Privileges:

• Collective Privileges: Rights of the House as a whole (right to regulate proceedings, punish for contempt, exclude strangers)
• Individual Privileges: Rights of members (freedom of speech in Parliament, freedom from arrest in civil cases)

Constitutional Basis:

• Article 105: Powers, privileges, and immunities of Parliament
• Article 122: Courts not to inquire into parliamentary proceedings
• Article 194: Powers, privileges, and immunities of State Legislatures
• Article 212: Authority of State Legislatures

Legal Position:

• Article 105(3) leaves definition of powers and privileges to be defined by Parliament by law
• No comprehensive law enacted by Parliament to codify these privileges
• Code of Civil Procedure, 1908 grants freedom from arrest in civil cases during parliamentary sessions

Committee of Privileges

Composition:

• Lok Sabha: 15 members nominated by the Speaker
• Rajya Sabha: 10 members nominated by the Chairman

Function:

• Semi-judicial in nature
• Examines questions involving breach of privilege
• Determines facts and makes recommendations to the House
• Accused member given opportunity to present explanation

Judicial Position on Parliamentary Privileges

Keshav Singh Case (1964):

• Under Article 143, Supreme Court established that powers and privileges of State Legislatures (Article 194(3)) and Parliament (Article 105(3)) are subject to Fundamental Rights
• Conflicts between privileges and rights must be resolved through harmonious construction

Sharma Case (1959):

• Article 19(1)(a) (Freedom of Speech and Expression) does not automatically override parliamentary privileges
• Article 21 (right to life and personal liberty) still applies

Parliamentary Convention:

• Presiding Officers (Speaker/Chairman) do not respond to notices from Supreme Court or High Courts
• Matter is discussed in House; papers forwarded to Minister of Law and Justice

Breach of Privilege

A Breach of Privilege (BoP) occurs when any individual or collective parliamentary privilege is violated or disregarded. This includes:

• Misleading the House
• Withholding facts
• Casting aspersions on members

Key Recommendations

• Committee of Privileges recommendations (1994 & 2008) recommended against codification
• Reason: Codification would subject every matter of privilege to judicial review, diminishing exclusive jurisdiction and sovereignty of the House

Important Articles for Reference