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Parliamentary Privileges and Issues, Differences between ruling and…
Parliamentary Privileges and Issues
Parliamentary
Privileges
Constitutional Basis: Article 105 for Parliament, Article 194 for State Legislatures.
Protection from civil/criminal liability for actions/statements while legislating.
Definition: Rights and immunities for legislators during legislative duties.
Privilege Motion
Motion: Notice as motion against those breaching privilege.
Contempt Actions: Houses can punish offenses against their authority.
Breaching Privilege: Violating rights/immunities punishable under parliamentary law.
Instances of
Privilege Notices
Subramanian Swamy’s Expulsion (1976): Faced expulsion for perceived anti-India interviews.
Cash for Query Scandal (2005): 11 MPs expelled for involvement in the scandal.
Indira Gandhi’s Expulsion (1978): Expelled for obstructing Maruti-related information.
Referring to
Privileges Committee
Final Orders: Speaker may pass orders or table the report.
Resolution: Unanimous resolution for breach of privilege.
Report Presentation: Committee presents report for House consideration.
Rajya Sabha: 10-member Committee led by Deputy Chairperson.
Composition: Speaker nominates a 15-member Committee based on party strengths.
Issues with Parliamentary
Privilege in India
MPs misuse privilege for defamation.
Privilege conflicting with judicial review.
Tensions between privilege and free speech.
No comprehensive rules for privilege.
Lack of clear definition leads to debates.
Suggestions of Committees
and Supreme Court
Supreme Court
Judgments
L. Chandra Kumar Case (1997): Judicial review over privilege.
Jaya Bachchan Case (2006): Different immunity outside Parliament.
Keshav Singh Case (1965): Protection unless knowingly false.
Parliamentary
Committees:
Standing Committee on Home Affairs (2007): Balance privilege and rights.
Venkatachaliah Committee (2002): Caution in using contempt powers.
Way Forward
Prevent privilege misuse.
Balance privilege and rights.
Transparent, fair guidelines.
Legal protection for exposing wrongdoing.
Define privilege scope and rights.
Differences between ruling and opposition parties in Monsoon Session led to complaints against 2 MPs.