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Breach of Privilege Notices
Context
Privilege Motion has been moved against PM Modi in Lok Sabha.
Lawmaker’s Privileges in India
Lawmakers in India, including Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs), have specific privileges to ensure they can perform their duties effectively. These privileges include:
- Protection Against Misinformation: Lawmakers are safeguarded against false information within the legislative House.
- Speech Immunity: Speeches made by lawmakers in the House cannot be challenged in court.
- Right to Reply: Lawmakers have the right to respond if they are mentioned by another member.
- Prior Information: Lawmakers must be informed about any government policy or law changes during a legislative session before they are made public.
What Constitutes a Breach of Privilege?
- A breach of privilege occurs when:
- Unsubstantiated Comments: An unsubstantiated comment is made against a member or minister.
- Maligned Reputation: The reputation of an MP is damaged.
- Obstruction of Duties: A lawmaker is hindered from performing their duties.
- In such cases, the affected lawmaker can file a complaint to the Speaker (or the Chairman in the case of Rajya Sabha) claiming that their privileges have been breached.
- Once a breach of privilege notice is moved, the Speaker examines its feasibility.
- Referral to Committee: If the Speaker consents, the notice is sent to the privileges committee for detailed examination.
- Committee Review: The committee calls both the accused and the complainant before submitting its report to the House.
- Further Action: The House decides on the necessary action based on the committee's report.
Fact Box: Rules Governing Privilege Notices in India
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