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PRIVILEGE MOTION

5th August, 2023

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Context: Recently the Rajya Sabha Chairman has referred complaints against 2 Members to the Privileges Committee. The complaints allege that the members made derogatory remarks against the Chairman on social media, which amounted to lowering the dignity and authority of the Chairman and the House.

Details

  • The Privileges committee will examine the complaints and decide whether there is a prima facie case of breach of privilege or contempt. If so, the committee will recommend appropriate action against the accused members, which may include admonition, reprimand, suspension, or expulsion from the House.

Privilege motion

  • A privilege motion is a parliamentary procedure that allows a member of the House to raise a question about any alleged breach of parliamentary privilege or contempt of the House.
  • Parliamentary privilege refers to the rights and immunities enjoyed by members of Parliament, individually and collectively, so that they can effectively discharge their functions.
  • Contempt of the House is any action or statement that obstructs or impedes the functioning of the House or its members.

Must-Read Articles:

Privilege Motion: https://www.iasgyan.in/daily-current-affairs/privilege-motion-43

COMMITTEE OF PRIVILEGES: https://www.iasgyan.in/daily-current-affairs/committee-of-privileges

PRACTICE QUESTION

Q. Consider the following statements:

1. Only the chairperson has the authority to raise a Privilege Motion in a parliamentary session.

2. Parliamentary Privileges are essential for members to perform their duties without fear of obstruction or legal action.

3. Members of Parliament are immune from civil or criminal proceedings for statements made or actions taken within the scope of their parliamentary duties.

Which of the following Statement is/are correct?

A) 1 and 2 only

B) 2 and 3 only

C) 1 and 3 only

D) 1, 2 and 3

Answer: B

Explanation:

Statement 1 is incorrect: Any member of the legislative body, regardless of party affiliation, has the right to raise a Privilege Motion if they believe that a breach of parliamentary privilege has occurred. The motion will then be subject to scrutiny and further actions within the parliamentary procedures.

Statement 2 is correct: Parliamentary privileges are a set of rights and immunities enjoyed by members of a legislative body to ensure the effective functioning of the institution and to safeguard the freedom and integrity of parliamentary proceedings. These privileges are essential for members to perform their duties without fear of obstruction or legal action.

Statement 3 is correct: Members are immune from civil or criminal proceedings for statements made or actions taken within the scope of their parliamentary duties. This immunity ensures that members can discharge their responsibilities without being held legally liable.

https://indianexpress.com/article/explained/everyday-explainers/committee-privileges-privilege-motion-explained-8876762/