A lawmaker’s speech in the House cannot be challenged before any court or he has a right to reply if his or her name is mentioned by another lawmaker
Lok Sabha MP and former Punjab chief minister Charanjit Singh Channi on Wednesday moved a notice to bring a privilege motion against Prime Minister Narendra Modi in the Lok Sabha for sharing the speech of BJP MP Anurag Thakur on his social media platform X even as some parts of it were expunged.
According to rule 222 says, the Speaker must give his consent on Channi’s breach of privilege notice before it can be processed. (File photo)
What accounts for a lawmaker’s privileges?
A lawmaker—be it MP or MLA—enjoys certain privileges such as no misinformation can be spread about him or her in the legislative House. A lawmaker’s speech in the House cannot be challenged before any court or he has a right to reply if his or her name is mentioned by another lawmaker. When the legislative session is going on, lawmakers should be informed first about any change in government policy or law before others. That’s the reason why the government doesn’t publicise decisions of Union Cabinet when a Parliament session is on.
What is a breach of privilege?
If a member or a minister makes an unsubstantiated comment or if any person maligns the reputation of an MP or prohibits the lawmaker from his work, a Parliamentarian or an MLA can file a complaint to the Speaker (or the Chairman in case of Rajya Sabha) that his privileges has been breached.
Did any Prime Minister or former PM face any privileges notice before?
Yes. On November 22, 1978, a year after the Emergency was lifted, the Lok Sabha’s privileges panel concluded that former PM Indira Gandhi was guilty of contempt of the House. The panel, led by Janata Party MP Samar Guha, had looked into the breach of privileges complaint filed by CPIM MP Jyotirmoy Bosu that Gandhi’s government create hurdles for government officials to collect information on Maruti for a question he put in 1975. She was also expelled from the House in 1978.
How did the PM’s post on X (formerly Twitter) allegedly breach Charanjit Singh Channi’s privileges?
According to Channi, PM posted the link of the entire speech of Anurag Thakur, but some words of that speech had been expunged. Tweeting or publicising expunged words amounts to breach of privileges, according to Channi. In general, expunged words or remarks can’t be publicised.
Does Parliament of India have proper rules on privileges?
There is a set of rules on moving privilege notices. Under Rule 222 of the House, “A member may, with the consent of the Speaker, raise a question involving a breach of privilege either of a member or of the House or of a Committee thereof.”
Rule 223 stipulates that “A member wishing to raise a question of privilege shall give notice in writing to the Secretary General by 10.00 AM on the day the question is proposed to be raised.”
What happens now after Channi’s breach of privileges notice?
According to rule 222 says, must give his consent before it can be processed. In this case, the Speaker will examine the feasibility of the notice and then decide.
If the Speaker gives his consent to any such notice, it is usually sent to the privileges committee for examination. The panel calls both the accused and the complainant before submitting its report to the House.
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