What is Privilege Motion for India's MPs?

India Aug 09, 2021

What is Privilege Motion?

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To accomplish their responsibilities, the members of parliament are granted several privileges, both personally and collaboratively. On the off chance that a member detects that another member or members have encroached on the privileges, that member can carry a motion to authorize the privilege against the accused and the accused is subjected to an appropriate punishment under the Parliamentary laws.

This is exactly what Binoy Viswam(MP) of the Communist Party of India (CPI) did, He moved a breach of Privilege Motion against Minister of State (MoS) Health Dr Bharati Pawar in Rajya Sabha for deluding Parliament that no deaths were accounted explicitly concerning the oxygen shortage.

Who can carry this motion: This can be done by any member of either house(Rajya sabha or Lok sabha) by filing a statement in the form of a motion. These statutes provide both Houses of Parliament the power to punish any act of contempt that is against its dignity and integrity.

Conditions of acceptance

The option to bring up an issue of Privileges will be administered by the accompanying conditions, to be specific:-

  • The inquiry will be limited to a particular matter of recent event;
  • The matter requires the mediation of the Council.

Distribution of Applicability

  • The Constitution extends the privileges to individuals who are competent to participate in the proceedings of the parliament and its advisory boards. The Attorney General of India is included in this list.
  • This does not apply to the President, who is also an integral part of the Parliamentary body, although the President is entitled to certain privileges under Article 361 of the Constitution.

Role of the Speaker of the Lok Sabha and the Rajya Sabha Chairperson?

The Privilege motion in the two Houses of Parliament is first scrutinized by the Speaker(LS) and the Chairperson(RS). They can either decide on the motion or submit it to the “privileges committee” of the Parliament. When a member is allowed to present under Rule 222 by the Speaker or the Chairperson, that member is allowed to legitimize his/her activities.

What is the Privileges Committee?

The Speaker of Lok Sabha appoints a committee of 15 individuals from parliament from every party. The committee frames a report on the matter at hand and it is submitted to the House for consideration. The Speaker may likewise permit a half-hour banter on the report by the panel before passing verdicts.

Present-day: Sunil Kumar Singh, a BJP MP, is the director of the Lok Sabha's Privileges committee. Rajya Sabha's delegate executive is in charge of a 10-member advisory committee.

Few records of Privilege Motion

  • The latest breach of privilege motion was given to the Prime Minister and the Defense Minister of the nation, asserting that they had deceived the members of Parliament on the Rafale deal.
  • The most crucial Privilege motion was passed in 1978 against Indira Gandhi. The motion was passed on by the then Home Minister Charan Singh guaranteeing expenses made by her during the Emergency. She was found guilty and was ousted from the House.
  • In 1976, Subramanian Swamy, a BJP MP was ousted from the Rajya Sabha for shaming the Indian Parliament in a foreign interview.

This article has been written by Apurva Kale for The Paradigm.

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