PRIVILEGE MOTION (Syllabus: GS Paper 2 - Polity)

Context: An opposition MP has submitted a notice to the Lok Sabha, seeking to bring a privilege motion against the Prime Minister of India. 

Privilege Motion

• About: It is a formal complaint raised by a member when they believe their privilege has been breached or misused.
• Conditions for Raising a Privilege Motion:

o The question must be restricted to a specific matter of recent occurrence.

o The matter must require intervention from the Council.

• Process of Handling a Privilege Motion:

o Initial Examination: The Speaker/Chair reviews the motion to decide whether to admit or reject it.

o Referral to Committee: If admitted, the motion is referred to a privileges committee composed of members nominated by the Speaker/Chair.

o Committee Examination: The committee examines the motion, calls relevant persons, and reviews related documents. It must present a report within one month or an earlier date suggested by the Chair/Speaker.

o Consideration by the House: The House reviews the committee's report, considers any recommended amendments, and may recommend penal action only in extreme cases.

Parliamentary Privileges

• About: It refers to special rights, immunities, and exemptions granted to the two Houses of Parliament, their committees, and their members.
• Lack of Specific Law in India: India does not have a specific law defining parliamentary privilege; it is primarily outlined in Article 105 of the Indian Constitution.
• Constitutional Privileges: Article 105 of the Indian Constitution explicitly grants two privileges: freedom of speech within Parliament and the right to publish House proceedings.
• Immunity Under the Code of Civil Procedure: The Code of Civil Procedure, 1908, provides immunity from arrest and detention under civil process for members during house or committee proceedings, as well as for forty days before and after these proceedings.