The Privileges Committee

Source: NIE

Subject: Polity

Context: Privileges Committee and the Ethics Committee, have not been constituted in the Lok Sabha (the lower house of India’s Parliament) nearly two years.

About The Privileges Committee:

What it is?

• The Privileges Committee is a specialized standing committee of the legislature (Parliament or State Assemblies) that acts as a quasi-judicial body.

• It is tasked with safeguarding the privileges—special rights and immunities—of the House and its members to ensure they can function without outside interference or fear.

Origin:

• The concept is rooted in British Parliamentary conventions. Historically, these privileges were developed in medieval England to protect the House of Commons from the absolute power of the Monarch.

Articles Associated:

• Article 105: Defines the powers, privileges, and immunities of the Parliament (Lok Sabha and Rajya Sabha) and its members.

• Article 194: Defines the same for State Legislatures (Assemblies and Councils) and their members.

Aim: To investigate any action that casts reflections, insults, or obstructs the House, its committees, or its members, thereby protecting the dignity and authority of the legislative institution.

Members:

• Lok Sabha: 15 members nominated by the Speaker.

• Rajya Sabha: 10 members nominated by the Chairman.

• State Legislatures: Typically consists of 9 to 15 members (e.g., the Maharashtra Legislative Council committee currently has 9 members).

Key Functions:

• Examination: Investigates every question of breach of privilege referred to it by the House or the Presiding Officer.

• Evidence Collection: Has the power to summon individuals (both members and outsiders), record statements, and demand relevant documents.

• Determination: Evaluates the facts to decide if a breach of privilege or contempt has occurred.

• Recommendation: Submits a report to the House recommending a specific course of action, which may include: Admonition or Reprimand: A formal public scolding. Imprisonment: For the duration of the House session (rare). Suspension/Expulsion: If the offender is a member of the House. Unconditional Apology: Often, if the accused offers an apology, the committee recommends dropping the matter.

• Admonition or Reprimand: A formal public scolding.

• Imprisonment: For the duration of the House session (rare).

• Suspension/Expulsion: If the offender is a member of the House.

• Unconditional Apology: Often, if the accused offers an apology, the committee recommends dropping the matter.

Significance:

• Ensures that lawmakers can speak and vote freely without being sued for defamation in court for their actions inside the House.

• Acts as a deterrent against libels or physical obstructions that might hinder the democratic process.