Parliamentary Privileges and Privilege Committee

Why in News- Lok Sabha Speaker Om Birla has recently nominated 15 members to the Committee of Privileges. The committee will examine cases involving breach of privilege of the House or its members. It will be headed by senior BJP leader Ravi Shankar Prasad.

About Parliamentary Privileges

Parliamentary privileges are special rights, immunities, and exemptions enjoyed by Parliament and its members so that they can perform their legislative functions effectively without outside interference.

Types of Parliamentary Privileges

1. Collective privileges of Parliament

• Right to regulate its internal proceedings.
• Right to punish for breach of privilege or contempt.
• Right to exclude strangers from proceedings.

2. Individual privileges of MPs

• Freedom of speech in Parliament.
• Immunity from legal proceedings for anything said or any vote given in Parliament.
• Freedom from arrest in civil cases during the session and 40 days before and after it.

Constitutional Provisions

Parliament

• Article 105
  • Provides freedom of speech in Parliament.
  • MPs are not liable to court proceedings for anything said or any vote given in Parliament or its committees.
• Article 122
  • Courts cannot question parliamentary proceedings on grounds of procedural irregularity.

State Legislatures

• Article 194
  • Defines privileges of State Legislatures and their members.
• Article 212
  • Courts cannot question state legislative proceedings due to procedural irregularities.

Committee of Privileges

The Committee of Privileges is a Parliamentary Standing Committee that examines matters related to breach of privilege.

Composition

• Lok Sabha: 15 members
• Rajya Sabha: 10 members

Members are nominated by the Speaker (Lok Sabha) or Chairman (Rajya Sabha).

Functions

• Examines cases of breach of privilege or contempt of the House.
• Summons witnesses and examines documents.
• Submits a report with recommendations to the House.

Action Taken

The House may:

• Accept or reject the committee's recommendations.
• Amend the recommendations.
• Impose penalties such as admonition, reprimand, suspension, or expulsion.

Source- TH