DH Deciphers | Parliamentary privilege and why our legislators love it

Several breach of privilege notices have been submitted in Parliament in the last few days. Parliamentary privilege is a set of distinct rights enjoyed by legislators in the Westminster form of democracy. India is one of them. A legislator can issue a breach of privilege notice against a fellow legislator or public person if he/she feels that his/her parliamentary privilege has been breached. Here's what you need to know about it:

What is parliamentary privilege?

Parliamentary privilege is the sum of certain rights enjoyed by each House collectively and by members of each House individually, without which they cannot discharge their functions, and which exceed those possessed by other bodies or individuals, according to British constitutional expert Erskine May. The objective of parliamentary privilege is to safeguard the freedom, the authority and the dignity of the legislature. In India, these rights have been enshrined in Articles 105 and 194 of the Constitution. Parliamentary privilege does not apply outside the House.

What is a breach of privilege?

When rights and immunities accorded to legislators are disregarded, it is called a breach of privilege. An action that impedes the free functioning of the legislators falls under the breach of privilege. Any action casting reflections on legislators, the House or its committees, freedom from judicial action on issues spoken in the House and the way one votes are among breaches of privilege. It also includes the publication of news items, editorials or statements in newspapers, magazines, TV interviews or public speeches that denigrate the House and legislators.

What is the procedure of submitting a breach of privilege notice?

Only a legislator can submit a breach of privilege notice against a fellow legislator or public person to the secretariat of the House concerned. The speaker or chair can take a decision to pursue or reject the notice. With the consent of the speaker/chair, the legislator can raise the question of breach of privilege in the House. If the speaker/chair allows raising the issue, it only means that he/she is enquiring whether the matter is fit for further inquiry and whether it should be brought before the House. If the House decides that it may be sent to the Committee on Privileges, the panel will consider it and take a decision, which will be tabled in the legislature.

What is the punishment for breach of privilege?

Depending on the gravity of the offence, the House can imprison, reprimand, impose fines and prosecute the offenders. The action can be taken against a legislator as well as an outsider.

Which breach of privilege notices have been submitted recently?

Four BJP MPs have submitted a breach of privilege notice against Congress leader Rahul Gandhi for asking members during his speech on the union budget to observe a two-minute silence to mourn the death of farmers during the ongoing protest. The notices state that Rahul's failure to take the permission of the Chair before observing silence was a contempt of the House. Congress' Thrissur MP T N Prathapan submitted a notice against Finance Minister Nirmala Sitharaman for describing Rahul as the "Doomsday Man of India". Ernakulam MP Hibi Eden, also from the Congress, submitted a breach of privilege notice stating that he was not accorded proper protocol at an event attended by Prime Minister Narendra Modi in his constituency. BJP parliamentarian P P Chaudhary submitted a breach of privilege notice against Trinamool Congress MP Mahua Moitra for her remarks in the Lok Sabha on Rajya Sabha member and former CJI Justice (retired) Ranjan Gogoi. RSP parliamentarian N K Premachandran submitted a breach of privilege notice against Union Agriculture Minister Narendra Singh Tomar for proposing to the protesting farmers amendments in the three agricultural laws passed by Parliament.