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Speaker Birla examining breach of privilege notice by BJP MP against eight Congress members

Table of Contents

Source: The Hindu

Relevance: (GS Paper II – Polity and Governance)

Important Key Concepts for Prelims and Mains:

For Prelims:

  • Parliamentary Privileges, Article 105, Article 122, Breach of Privilege, Contempt of the House, Privilege Motion, Committee of Privileges, Freedom of Speech in Parliament, British House of Commons, Code of Civil Procedure (1908)

For Mains:

  • Legislative Autonomy, Parliamentary Accountability, Separation of Powers, Privilege vs Fundamental Rights, Speaker’s Discretion, Democratic Dissent vs Legislative Discipline, Codification of Privileges, Ethical Self-Regulation in Parliament, Rule of Law, Harmonious Construction

Why in News?

The Speaker of the Lok Sabha is currently considering a notice alleging breach of Parliamentary privilege and contempt of the House, arising from alleged disorderly and disruptive conduct by Members during the discussion on the Viksit Bharat – Guarantee for Rozgar and Ajeevika Mission (Gramin) Bill, 2025.

What are Parliamentary Privileges?

  • About:
    Parliamentary privileges are special rights, immunities, and exemptions enjoyed by each House of Parliament, its committees, and its members.
    • These privileges extend to the Attorney General of India but do not extend to the President.
  • Objective:
    They are essential for the effective discharge of parliamentary functions and go beyond the rights enjoyed by ordinary individuals or bodies.

Types of Parliamentary Privileges

  • Collective Privileges:
    Rights enjoyed by the House as a whole, including:
    • Right to regulate its own proceedings
    • Right to punish for contempt of the House
    • Right to exclude strangers from parliamentary proceedings
  • Individual Privileges:
    Rights enjoyed by individual Members of Parliament, such as:
    • Freedom of speech in Parliament
    • Freedom from arrest in civil cases during parliamentary sessions

Sources of Parliamentary Privileges

  • Constitutional Basis:
    Articles 105 and 122 (Parliament) and Articles 194 and 212 (State Legislatures) provide various privileges to:
    • Members of Parliament (MPs)
    • Members of Legislative Assemblies (MLAs)

Legal Basis:

    • Article 105(3) states that until Parliament defines privileges by law, they shall be those of the British House of Commons as on 26 January 1950.
    • Since no comprehensive law has been enacted so far, British parliamentary precedents continue to guide practice.
    • The Code of Civil Procedure, 1908 provides freedom from arrest in civil cases during parliamentary sessions and for a specified period before and after sessions.

Parliamentary Conventions:

    • Privileges are also shaped by long-established British parliamentary conventions and customs.

Parliamentary Procedure:

    • Detailed procedures are laid down in the Rules of Procedure and Conduct of Business of the Lok Sabha and Rajya Sabha.

Judicial Interpretations:

    • Supreme Court judgments have clarified the scope of privileges, including:
      • Searchlight Case (1958)
      • JMM Bribery Case (1998)
      • Other subsequent rulings refining limits and accountability

Breach of Parliamentary Privilege

  • Breach of Privilege (BoP):
    A breach occurs when any individual or authority violates or disregards the individual or collective privileges of Parliament or its members.
  • Privilege Motion:
    • Moved by an MP when a Minister is alleged to have:
      • Withheld facts, or
      • Given wrong, misleading, or distorted information
    • The objective is to censure the concerned Minister for undermining parliamentary dignity.

Privilege Notice:

    • A formal complaint submitted by an MP against:
      • Another member, or
      • An external individual/authority
    • Example: Derogatory remarks against MPs or the House.

Committee of Privileges

  • The Committee performs semi-judicial functions.
  • It examines cases of breach of privilege of the House or its members and recommends appropriate action.
  • Composition:
    • Lok Sabha: 15 members
    • Rajya Sabha: 10 members

Parliamentary Privileges Enjoyed by MPs

Parliamentary privileges are special rights and immunities that ensure the independent and effective functioning of Parliament.

1. Individual Privileges

  • Freedom of Speech
    • Guaranteed under Article 105(1)
    • Absolute freedom inside Parliament; not subject to Article 19
  • Immunity from Legal Action
    • No legal proceedings for speeches or votes in Parliament or committees
    • Article 105(2)
  • Protection for Authorized Publications
    • No liability for publishing Parliament-authorized reports and proceedings
    • Article 105(2)
  • Exemption from Judicial Inquiry
    • Courts cannot question parliamentary proceedings on procedural grounds
    • Article 122(1)
  • Freedom from Arrest (Civil Cases)
    • During sessions and 40 days before and after
    • Section 135A, CPC 1908
  • Exemption from Jury Service / Court Appearance
    • MPs may refuse to appear as witnesses during sessions

2. Collective Privileges

  • Right to Publish Proceedings
    • Parliament controls publication of debates and reports
    • 44th Amendment, 1978 allows fair press reporting (except secret sittings)
  • Right to Secret Sittings
    • Strangers can be excluded during sensitive discussions
  • Rule-Making & Disciplinary Powers
    • Power to regulate proceedings and punish for contempt
    • Includes reprimand, suspension, imprisonment, expulsion
  • Right to Information about Members
    • House must be informed of arrest, detention, conviction or release of MPs
  • Inquiry & Summoning Powers
    • Power to summon witnesses and demand documents

Key Judicial Pronouncements on Parliamentary Privileges

  • Pandit M.S.M. Sharma vs. Sri Krishna Sinha (1958) – Searchlight Case
    • SC held that legislative privileges under Article 194(3) prevail over freedom of the press (Article 19(1)(a)) in case of conflict.
    • State legislatures can control publication of their proceedings, similar to the British House of Commons.
  • P.V. Narasimha Rao vs. State (1998) – JMM Bribery Case
    • SC ruled that MPs/MLAs cannot be prosecuted for bribery if the bribe was linked to speech or vote in the House.
    • Extended parliamentary immunity to corrupt acts connected with legislative functions.
  • State of Kerala vs. K. Ajith & Others (2021)
    • SC clarified that parliamentary privileges do not override criminal law.
    • Members are not immune from prosecution for acts unrelated to legislative functions.
  • Sita Soren vs. Union of India (2024)
    • SC overruled the JMM Bribery Case (1998).
    • Held that accepting a bribe is a criminal offence, even if linked to voting or speech.
    • Parliamentary immunity does not protect corruption, reinforcing democratic accountability.

Key Issues and Debates on Parliamentary Privileges

  • Codification Debate
    • Whether privileges should be codified into a law.
    • Committees (e.g., Lok Sabha Privileges Committee, 2008) opposed codification, fearing loss of flexibility to address new forms of contempt.
  • Tension with Fundamental Rights
    • Conflict between privilege powers and freedom of speech & press.
    • Raises concerns of overreach against media and dissent.
  • Conflict with Democratic Principles
    • Privileges like immunity from arrest clash with Article 14 (Equality before Law).
  • Risk of Misuse
    • Privileges sometimes used to shield wrongdoing or target political opponents.
    • Privilege motions risk becoming tools of political vendetta.
  • Opacity and Weak Oversight
    • Privilege proceedings lack transparency.
    • Limited public scrutiny undermines institutional credibility and trust.

Reforms Needed in the Regime of Parliamentary Privileges

  • Adopt a Balanced Statutory Framework
    Instead of rigid codification, Parliament should enact a broad enabling framework that clearly outlines the core principles and contours of parliamentary privileges, incorporates key judicial pronouncements, and sets constitutional limits, while retaining sufficient flexibility to address emerging forms of contempt through parliamentary procedure.
  • Institutionalise Transparent Procedures
    Standardised, time-bound and publicly accessible procedures should be evolved for handling privilege complaints, from admission of notice to final decision, ensuring adherence to principles of natural justice, including the right to be heard and reasoned decision-making.
  • Strengthen Ethical Self-Regulation
    The Code of Conduct for Members should be reinforced and explicitly linked to the responsible exercise of privileges, especially freedom of speech, to prevent misuse and promote parliamentary dignity.
  • Empower Ethics Committees
    Ethics Committees should be vested with a proactive role in advising, sensitising, and guiding Members on ethical limits of privilege use, particularly when assertions of privilege conflict with public interest, constitutional morality, or democratic norms.
  • Clarify Interface with Fundamental Rights
    The Rules of Procedure should formally embed the Supreme Court’s doctrine of harmonious construction, ensuring that parliamentary privileges are exercised in a manner consistent with fundamental rights, including freedom of speech, equality before law, and rule of law.

Conclusion

Parliamentary privileges are indispensable for safeguarding legislative independence; however, their democratic legitimacy rests on responsible exercise, procedural transparency, and ethical restraint. Recent privilege proceedings underscore the urgency of reforming the privilege framework to balance institutional autonomy with constitutional accountability, thereby strengthening public trust in Parliament.

UPSC PYQ

Q. The Parliament of India exercises control over the functions of the Council of Ministers through: (2017)

  1. Adjournment Motion
  2. Question Hour
  3. Supplementary Questions

Select the correct answer using the code given below:

(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

Answer: (d) 1, 2 and 3

Explanation:

  • Adjournment Motion is a powerful parliamentary device used to discuss matters of urgent public importance and implies censure of the government, thereby exercising control over the Council of Ministers.
  • Question Hour enables Members of Parliament to seek information and hold ministers accountable for their actions and policies.
  • Supplementary Questions allow MPs to seek further clarification on ministerial replies, strengthening executive accountability.

CARE MCQ

Q. The Supreme Court judgment in Pandit M.S.M. Sharma vs Shri Sri Krishna Sinha (1958) is significant because it held that:

(a) Freedom of the press under Article 19(1)(a) is absolute and cannot be restricted by legislatures
(b) Legislative privileges under Article 194(3) prevail over freedom of the press in case of conflict
(c) Parliamentary privileges are subordinate to Fundamental Rights
(d) State legislatures have no authority to regulate publication of their proceedings

Correct Answer: (b) Legislative privileges under Article 194(3) prevail over freedom of the press in case of conflict

Explanation:

  • The Searchlight Case (1958) arose when a newspaper published proceedings of the Bihar Legislative Assembly that were ordered to be expunged.
  • The Supreme Court ruled that legislative privileges under Article 194(3) override the freedom of the press under Article 19(1)(a) in case of a conflict.
  • The Court held that state legislatures have the power to regulate or prohibit the publication of their proceedings, similar to the British House of Commons.
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