Privilege Motion

 

Introduction

A Privilege Motion is an important parliamentary device used when a Member of Parliament believes that a breach of parliamentary privilege has occurred. It may concern a breach of the privileges of the House, one of its committees, or an individual Member of Parliament.

Parliamentary privileges are special rights, immunities and protections available to Parliament and its Members so that they can perform their legislative and deliberative functions freely and effectively. If these privileges are violated, Parliament has the authority to examine the matter through its established procedures.

A Privilege Motion therefore serves as an instrument for protecting the dignity, authority and independence of Parliament.

Constitutional Basis

The main constitutional provision relating to the privileges of Parliament is Article 105 of the Constitution of India.

Article 105 deals with the powers, privileges and immunities of Parliament, its Members and committees.

For State Legislatures, the corresponding provision is Article 194.

However, the Constitution does not separately define a "Privilege Motion" as an independent parliamentary motion. The procedure relating to raising questions of privilege is governed mainly by the Rules of Procedure and Conduct of Business of the respective Houses.

What is Breach of Privilege?

A breach of privilege occurs when an individual or authority violates or obstructs a privilege enjoyed by Parliament, its committees or its Members.

Parliamentary privileges exist to ensure that Members can discharge their parliamentary duties without improper obstruction or interference.

For example, if an action deliberately obstructs a Member in the discharge of parliamentary functions, or if a matter involving a Member's parliamentary privilege is improperly interfered with, it may give rise to a question of privilege, depending on the circumstances and applicable parliamentary rules.

Purpose of a Privilege Motion

The principal purpose of a Privilege Motion is to protect the rights and privileges of Parliament and its Members.

It helps Parliament maintain its authority and dignity and ensures that Members can perform their legislative responsibilities independently.

It also provides a mechanism through which allegations of privilege violations can be brought before the House for consideration.

Procedure for Raising a Privilege Motion

When a Member believes that a breach of privilege has occurred, the Member may give notice of the question of privilege according to the rules of the concerned House.

In the Lok Sabha, the notice is dealt with under the Rules of Procedure and is subject to the authority of the Speaker.

In the Rajya Sabha, the Chairman plays the corresponding procedural role.

The Presiding Officer considers whether the matter is admissible under the applicable rules. If the matter requires detailed examination, it may be referred to the Committee of Privileges.

The Committee examines the matter, considers relevant facts and evidence, and submits its report to the House.

The final decision rests with the concerned House.

Committee of Privileges

The Committee of Privileges is an important parliamentary committee dealing with questions of breach of privilege.

Its main function is to examine cases involving alleged breaches of privilege and to make recommendations to the House.

The Committee may examine relevant facts, hear or consider explanations where required, and submit a report to the House.

The Committee is not a court of law. Its report is considered by the concerned House, which takes the final decision according to parliamentary procedure.

Privilege Motion in Lok Sabha and Rajya Sabha

A question of privilege can arise in both Houses of Parliament.

In the Lok Sabha, the Speaker exercises the relevant procedural authority.

In the Rajya Sabha, the Chairman performs the corresponding role.

Both Houses have their respective Committees of Privileges for examining questions of privilege.

Privilege Motion and Committee of Privileges

These two should not be confused.

A Privilege Motion or question of privilege is the mechanism through which an alleged breach of parliamentary privilege is brought to the attention of the House.

The Committee of Privileges, on the other hand, is the parliamentary committee that may examine such a matter and submit its findings and recommendations to the House.

The process can therefore be remembered as:

Privilege Question → Examination by Committee → Report → Decision by House

Privilege Motion and Ethics Committee

A Privilege Motion and the Ethics Committee deal with different matters.

The Privilege Motion primarily concerns the violation of parliamentary privileges and the obstruction of parliamentary functions.

The Ethics Committee primarily deals with the ethical conduct of Members, standards of behaviour and matters relating to the parliamentary Code of Conduct.

A simple distinction is:

Privilege = Parliamentary rights, privileges and functioning

Ethics = Ethical conduct and standards of Members

Privilege Motion and Censure Motion

A Privilege Motion deals with an alleged breach of parliamentary privilege.

A Censure Motion, on the other hand, is used to express the House's disapproval or criticism of the Government or a particular government policy or action.

Thus, their purposes are different:

Privilege Motion → Protection of parliamentary privilege

Censure Motion → Expression of disapproval of government action or policy

Importance of Privilege Motion

Privilege Motion is important for maintaining the dignity, authority and independence of Parliament.

Parliamentary democracy requires Members to be able to debate, deliberate, question the Government and perform their legislative functions without improper interference.

The mechanism for raising questions of privilege helps Parliament respond when such rights or functions are allegedly obstructed.

It therefore contributes to parliamentary accountability, institutional dignity and the effective functioning of representative democracy.

Important Exam Facts

- Privilege Motion deals with an alleged breach of parliamentary privilege.

- The principal constitutional provision is Article 105.

- Article 194 deals with privileges of State Legislatures.

- The detailed procedure is governed by the Rules of Procedure and Conduct of Business of the respective Houses.

- A question of privilege can arise in both Lok Sabha and Rajya Sabha.

- The Speaker has the relevant procedural role in Lok Sabha.

- The Chairman has the relevant procedural role in Rajya Sabha.

- The matter may be referred to the Committee of Privileges.

- The Committee examines the matter and submits a report to the House.

- The concerned House takes the final decision.

- The Committee of Privileges is not a court.

- Privilege Motion and Ethics Committee are not the same.

- Privilege Motion primarily concerns parliamentary privileges, while the Ethics Committee concerns ethical conduct of Members.

One-Line Definition

A Privilege Motion is a parliamentary procedure through which an alleged breach of the privileges of Parliament, its committees or its Members is brought before the House for consideration.

Easy Memory Trick

P–C–H Formula

P – Privilege Question → Alleged breach is raised

C – Committee of Privileges → Matter may be examined

H – House → Final decision

Therefore:

Privilege → Committee → House

Sources

1. Constitution of India – Article 105 – Powers, privileges and immunities of Parliament and its Members.

2. Constitution of India – Article 194 – Powers, privileges and immunities of State Legislatures.

3. Lok Sabha Secretariat – Rules of Procedure and Conduct of Business in Lok Sabha.

4. Rajya Sabha Secretariat – Rules of Procedure and Conduct of Business in Rajya Sabha.

5. Parliament of India – Parliamentary Privileges and Committee of Privileges.

6. IGNOU Study Materials – Indian Parliament and Parliamentary Procedures.

7. M. Laxmikanth, Indian Polity – Parliamentary Privileges and Parliamentary Devices.