Introduction
The Committee of Privileges is an important parliamentary committee of the Parliament of India. Its main responsibility is to examine cases involving the breach of parliamentary privileges of the Houses of Parliament, their committees and their members.
Parliamentary privileges are certain special rights, immunities and protections enjoyed by Parliament and its members so that they can perform their constitutional and parliamentary functions independently and effectively.
If a question arises regarding the breach of these privileges, the matter may be examined by the Committee of Privileges.
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Constitutional Basis
Parliamentary privileges are primarily dealt with under Article 105 of the Constitution of India.
Article 105 provides for:
- Freedom of speech in Parliament;
- Immunity of members in respect of anything said or any vote given by them in Parliament or its committees; and
- Other privileges and immunities of Parliament and its members.
For State Legislatures, similar provisions are contained in Article 194.
However, the Committee of Privileges itself is not directly created by a specific Article of the Constitution. It is constituted under the Rules of Procedure and Conduct of Business of the respective House.
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Meaning of Parliamentary Privilege
Parliamentary privileges are special rights and immunities provided to Parliament and its members to enable them to discharge their parliamentary responsibilities without undue interference.
The purpose of parliamentary privileges is not to provide personal benefits to Members of Parliament. Their primary purpose is to protect the authority, dignity and functioning of Parliament.
For example, freedom of speech in Parliament allows MPs to express their views freely during parliamentary proceedings, subject to the Constitution and parliamentary rules.
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Composition of the Committee
Both Houses of Parliament have their own Committee of Privileges.
Lok Sabha
The Lok Sabha Committee of Privileges consists of 15 members.
The members are nominated by the Speaker of the Lok Sabha.
Rajya Sabha
The Rajya Sabha Committee of Privileges consists of 10 members.
The members are nominated by the Chairman of the Rajya Sabha.
The tenure and other procedural matters are governed by the rules of the respective House.
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Chairman of the Committee
The Chairperson is appointed by the Presiding Officer of the respective House.
Thus:
Lok Sabha → Speaker appoints the Chairperson
Rajya Sabha → Chairman appoints the Chairperson
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Functions of the Committee of Privileges
1. Examination of Breach of Privilege
The most important function of the Committee is to examine cases involving an alleged breach of parliamentary privilege.
When a Member of Parliament believes that a parliamentary privilege has been violated, the matter may be raised in the House according to the applicable parliamentary rules.
The matter may subsequently be referred to the Committee of Privileges for examination.
The Committee examines the facts and circumstances and submits its findings and recommendations to the House.
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2. Examination of Contempt of the House
The Committee may also examine matters relating to contempt of the House.
An act that obstructs or undermines the authority, dignity or functioning of Parliament may raise a question of parliamentary privilege or contempt.
The Committee examines the circumstances and determines whether parliamentary privilege has been affected.
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3. Examination of Facts and Evidence
The Committee examines relevant facts, documents and other material relating to the matter referred to it.
It may seek explanations from the persons or authorities concerned and may hear relevant persons or experts where appropriate under parliamentary procedure.
The purpose is to establish whether a breach of privilege has actually occurred.
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4. Protection of Parliamentary Privileges
The Committee helps protect the privileges and authority of Parliament.
Members of Parliament must be able to perform their legislative duties without unlawful obstruction, intimidation or improper interference.
The Committee therefore contributes to preserving the independence, dignity and effectiveness of parliamentary proceedings.
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5. Submission of Report
After examining a matter, the Committee prepares a report.
The report may contain:
- Background of the case;
- Facts and circumstances;
- Evidence and information examined;
- Findings of the Committee;
- Whether a breach of privilege occurred; and
- Recommendations regarding the matter.
The report is presented to the concerned House for consideration.
The final decision on the matter rests with the House according to parliamentary procedure.
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Privilege Motion
A Privilege Motion is a parliamentary mechanism through which a Member of Parliament can raise a matter concerning an alleged breach of parliamentary privilege.
A member generally requires the permission of the Presiding Officer to raise such a matter, subject to the rules of the House.
If the matter is admitted, it may be considered by the House or referred to the Committee of Privileges for examination.
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Examples of Breach of Parliamentary Privilege
A breach of privilege may arise in situations such as:
- Obstructing a Member of Parliament in the discharge of parliamentary duties;
- Threatening or intimidating an MP in relation to parliamentary work;
- Improper interference with parliamentary proceedings;
- Publishing confidential proceedings of a parliamentary committee without authority;
- Actions that obstruct or interfere with the functioning of Parliament; and
- Acts that undermine the authority or dignity of Parliament.
Whether a particular act constitutes a breach of privilege depends on the facts of the case, parliamentary rules and the decision of the House.
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Importance of the Committee of Privileges
The Committee of Privileges is important because parliamentary democracy requires Members of Parliament to function independently.
If MPs are prevented from performing their duties through threats, intimidation or improper interference, the effective functioning of Parliament can be affected.
The Committee therefore helps protect:
Parliamentary independence + Parliamentary dignity + Members' rights + Effective legislative functioning
It is consequently an important mechanism for protecting the institutional authority of Parliament.
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Committee of Privileges and Parliamentary Privileges
These two concepts should not be confused.
Parliamentary Privileges
These are the special rights, immunities and protections enjoyed by Parliament and its members for the effective performance of parliamentary functions.
Committee of Privileges
This is the parliamentary committee that examines cases relating to alleged breaches of parliamentary privileges.
In simple terms:
Privilege → Special parliamentary right or immunity
Breach of Privilege → Violation of that privilege
Committee of Privileges → Committee that examines the alleged violation
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Committee of Privileges vs Ethics Committee
Basis| Committee of Privileges| Ethics Committee
Main concern| Parliamentary privileges| Ethical conduct of MPs
Main purpose| Examine breach of privilege| Examine matters relating to members' ethical conduct
Example| Interference with parliamentary duties| Violation of ethical standards or Code of Conduct
Focus| Authority and functioning of Parliament| Conduct and ethical standards of members
Report| Submitted to the concerned House| Submitted to the concerned House
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Committee of Privileges vs Public Accounts Committee
Basis| Committee of Privileges| Public Accounts Committee
Nature| Parliamentary committee dealing with privileges| Financial committee
Main concern| Breach of parliamentary privileges| Government expenditure
Main sources| Privilege matters and parliamentary proceedings| Appropriation Accounts, Finance Accounts and CAG reports
Main objective| Protect parliamentary privileges| Ensure financial accountability
Members| Lok Sabha: 15; Rajya Sabha: 10| 22 members
Chairperson| Appointed by Presiding Officer| Appointed by Lok Sabha Speaker
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Significance in Parliamentary Democracy
The Committee of Privileges strengthens the principle that Parliament must be able to perform its functions without improper external interference.
It helps maintain the authority and dignity of the legislature and protects the conditions necessary for effective parliamentary debate and deliberation.
At the same time, parliamentary privileges must be exercised consistently with constitutional principles and democratic accountability.
Therefore, the Committee of Privileges occupies an important position in India's parliamentary system.
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Limitations
The Committee of Privileges is not an ordinary judicial court. Its role is primarily to examine matters concerning parliamentary privileges and to submit its findings and recommendations to the House.
The Committee does not itself replace the judicial system.
Another important issue is the need to maintain an appropriate balance between parliamentary privilege and individual rights, including freedom of expression and other constitutional protections.
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Important Exam Facts
1. Committee of Privileges deals with parliamentary privileges.
2. Parliamentary privileges of Parliament and its members are primarily associated with Article 105.
3. Parliamentary privileges of State Legislatures are dealt with under Article 194.
4. The Committee of Privileges itself is constituted under the Rules of Procedure of the respective House.
5. The Lok Sabha Committee of Privileges has 15 members.
6. The Rajya Sabha Committee of Privileges has 10 members.
7. Lok Sabha members are nominated by the Speaker.
8. Rajya Sabha members are nominated by the Chairman.
9. The Committee examines alleged breaches of parliamentary privilege.
10. It may also examine matters concerning contempt of the House.
11. A Privilege Motion is a mechanism for raising an alleged breach of parliamentary privilege.
12. The Committee submits its report to the concerned House.
13. The final decision on the matter rests with the House, according to parliamentary procedure.
14. The Committee of Privileges and the Ethics Committee are not the same.
15. The main purpose of parliamentary privileges is to ensure the independent and effective functioning of Parliament, rather than to provide personal privileges to MPs.
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One-Line Definition
The Committee of Privileges is a parliamentary committee that examines alleged breaches of parliamentary privileges and submits its findings and recommendations to the concerned House.
Easy Revision Formula
Article 105 → Parliamentary Privileges
Article 194 → State Legislature Privileges
Privilege Motion → Raises Breach of Privilege
Committee of Privileges → Examines the Alleged Breach
House → Takes the Final Parliamentary Decision
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Sources
- Constitution of India — Articles 105 and 194
- Lok Sabha Secretariat — Rules of Procedure and Conduct of Business in Lok Sabha
- Rajya Sabha Secretariat — Rules of Procedure and Conduct of Business in Rajya Sabha
- Parliament of India — Parliamentary Committees
- M. Laxmikanth, Indian Polity — Parliamentary Privileges and Parliamentary Committees
- IGNOU Study Material — Indian Parliament and Parliamentary Committees
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