• Congress leader Jairam Ramesh submitted a notice to move a privilege motion against Union Home Minister Amit Shah, alleging that he misled the Rajya Sabha by his emphatic statements on early warnings issued by the Centre to the Kerala government ahead of the Wayanad landslides.

• Jairam Ramesh, who is the Congress’ chief whip in the Rajya Sabha, said in his letter to Chairman Jagdeep Dhankhar that in his response to a Calling Attention on the Wayanad landslides in the Rajya Sabha on July 31, 2024, the Home Minister made several claims on early warning systems and how they were not utilised by the Kerala government inspite of alerts issued by the Union government well ahead of the tragedy.

What is parliamentary privilege?

• The Elected representatives in the House of Parliament possess certain rights and immunities that enable them to perform their duties effectively. However, India does not have a specific law defining parliamentary privileges. 

Article 105 of the Indian Constitution outlines only two privileges: 

i) The freedom of speech within Parliament 

ii) The right to publish the proceedings of the House.

• Additionally, the Code of Civil Procedure, 1908, provides members with immunity from arrest and detention under civil processes during the sessions of the House or its committees. 

• This immunity extends to forty days before and after the commencement or conclusion of such proceedings.

• Beyond constitutional provisions and the Code of Civil Procedure, parliamentary privileges also stem from House rules and established parliamentary conventions. 

• Members are protected from any court proceedings for statements made or published concerning House or committee proceedings.

What are the rules governing privilege?

• Rule No 222 in Chapter 20 of the Lok Sabha Rule Book and correspondingly Rule 187 in Chapter 16 of the Rajya Sabha rulebook governs privilege. 

• It says that a member may, with the consent of the Speaker or the Chairperson, raise a question involving a breach of privilege either of a member or of the House or of a committee thereof.

• However, the rules mandate that any notice should be relating to an incident of recent occurrence and should need the intervention of the House. Notices have to be given before 10 am to the Speaker or the Chairperson.

What is the role of the Speaker/Chairperson?

• The Speaker/Chairperson is the first level of scrutiny of a privilege motion. 

• The Speaker/Chairperson can decide on the privilege motion himself or herself or refer it to the privileges committee of Parliament. 

• If the Speaker/Chairperson gives consent under Rule 222, the member concerned is given an opportunity to make a short statement.

What percentage of privilege notices are rejected?

• A large number of notices are rejected, with penal action recommended in only a few.

• The most significant case was in 1978 when Indira Gandhi, who had just won the Lok Sabha election from Chikmagalur, was expelled from the House.

• Then home minister Charan Singh moved a resolution of breach of privilege against her following observations made by the Justice Shah Commission which probed excesses during the Emergency.

• Another case was expulsion of Subramanian Swamy from the Rajya Sabha in 1976. Swamy was charged with bringing disrepute to Parliament by his activities through interviews in foreign publications that were construed as anti-India propaganda.

• In another instance, Blitz editor R.K. Karanjia was held guilty of gross breach of privilege of the House in 1961. Blitz had published an article that lampooned veteran leader J.B. Kripalani. He was summoned to the bar of the Lok Sabha and reprimanded, while the Lok Sabha gallery pass of his correspondent, R.K. Raghavan, was cancelled.

• On December 23, 2005, 11 “tainted” MPs, who were caught in a sting over the cash for query scandal, were expelled from the House.

What is Privileges Committee?

• In the Lok Sabha, the Speaker nominates a committee of privileges consisting of 15 members as per respective party strength.

• A report is then presented to the House for its consideration. 

• The Speaker may permit a half-hour debate while considering the report.

• The Speaker may then pass final orders or direct that the report be tabled before the House.

• A resolution may then be moved relating to the breach of privilege that has to be unanimously passed.

(The author is a trainer for Civil Services aspirants.)