What are Parliamentary Privileges?
Parliamentary privileges are special rights and immunities granted to lawmakers to ensure they can effectively perform their duties without interference. These include:
Freedom of speech: Lawmakers can speak freely in the House without fear of legal repercussions.
Immunity from legal action: Statements made in the House cannot be challenged in court.
Right to reply: Lawmakers can respond to accusations made against them in the House.
Priority access to information: Lawmakers are informed about government decisions before the public.
What is a Breach of Privilege?
A breach of privilege occurs when a lawmaker’s rights or the dignity of the House is violated. This can happen through:
1. False or misleading statements about a lawmaker.
2. Obstructing a lawmaker’s duties.
3. Disrespecting the authority of the House.
4. Publishing or misrepresenting parliamentary proceedings.
The Process of a Breach of Privilege Notice
Notice: A lawmaker who believes their privileges have been breached can submit a written notice to the Speaker of the Lok Sabha (or Chairman of the Rajya Sabha).
Speaker’s Decision: The Speaker examines the notice to determine if it warrants further action.
Referral to Privileges Committee: If the Speaker agrees, the matter is referred to the Privileges Committee for investigation.
Investigation: The committee investigates the complaint, hearing from both the complainant and the accused.
Report: The committee submits a report to the House with its findings and recommendations.
House Decision: The House decides on the appropriate action, which can range from a warning to expulsion of the member.
The Case of Charanjit Singh Channi
Former Punjab Chief Minister Charanjit Singh Channi accused Prime Minister Narendra Modi of breaching his privilege by sharing a speech on social media that contained expunged portions. Expunged words or remarks are considered off the record and cannot be publicly shared. If the Speaker finds merit in Channi’s complaint, the matter will be referred to the Privileges Committee for further investigation.
Historical Precedent
It’s worth noting that former Prime Minister Indira Gandhi was found guilty of contempt of the House in 1978 for obstructing a lawmaker’s inquiry. This case highlights the seriousness of breach of privilege matters and the potential consequences for those found guilty.
In essence, a breach of privilege notice is a formal complaint alleging that a lawmaker’s rights or the dignity of the House has been compromised. The process involves careful investigation and can lead to significant repercussions if the allegations are substantiated.
