Privilege Notice
Kartavya Desk Staff
Source: News on Air
Subject: Polity
Context: The Union Government has announced that it will move a Privilege Notice against Leader of Opposition for allegedly making baseless and misleading statements during the Budget discussion in the Lok Sabha.
About Privilege Notice:
What it is?
• A Privilege Notice is a formal complaint raised by a Member of Parliament (MP) alleging that a breach of privilege or contempt of the House has occurred.
• Parliamentary privilege refers to certain special rights and immunities enjoyed by Parliament and its members to ensure they can perform their duties without obstruction or intimidation
If these rights are violated, it may amount to a breach of privilege and can be punished by the House.
Articles Associated:
• Article 105 – Powers, privileges and immunities of Parliament and its Members (for Parliament).
• Article 194 – Similar provisions for State Legislatures.
• Article 122 – Courts cannot question the validity of parliamentary proceedings on grounds of procedural irregularity.
Article 105(2) provides immunity to MPs for anything said or any vote given in Parliament.
When Can a Privilege Notice Be Moved?
A Privilege Notice can be moved when:
• A member is obstructed from performing parliamentary duties.
• There is misleading of the House by providing false information.
• There is defamation or attack on the dignity of Parliament or its members.
• There is publication of distorted or expunged proceedings.
• There is contempt of the House, i.e., any act that lowers its authority.
The Speaker (Lok Sabha) or Chairman (Rajya Sabha) decides whether the matter should be admitted.
Powers of Parliament to Punish:
Each House has the power to punish for breach of privilege or contempt.
Punishments may include:
• Admonition (warning)
• Imprisonment
• Suspension (for members)
• Expulsion (for members)
These powers are considered essential to protect the authority and dignity of Parliament.
Procedure of a Privilege Notice:
• A member submits a written notice to the Speaker/Chairman.
• The Presiding Officer decides whether it is admissible.
• If admitted, it may be: Taken up in the House directly, or Referred to the Committee of Privileges for investigation.
• Taken up in the House directly, or
• Referred to the Committee of Privileges for investigation.
• The Committee examines evidence and submits a report.
• The House debates and decides the punishment, if any.
Significance:
• Protects the dignity and authority of Parliament.
• Ensures accountability of members for statements made inside the House.
• Maintains discipline and decorum in parliamentary debates.