News Excerpt:

The Privileges Committee of the Lok Sabha has summoned MPs regarding improper conduct by them.

About Privileges Committee:

• It comprises 15 members in Lok Sabha and 10 members in Rajya Sabha, nominated by the Speaker or Chairman. In the rajya sabha, the Committee is headed by the deputy chairperson.
• Its primary function is to examine any question related to breaches of the house, members' privileges, or any committee referred to by the house or the speaker/chairman.
• In cases where a question of privilege is referred to the committee by the house, the committee's report is presented to the house by the chairman or any committee member in the absence of the chairman.
• If the speaker refers a question of privilege to the committee, the report is presented to the speaker, who may pass final orders or direct that it be laid on the table of the house.
• The committee reviews the facts of each case to determine if a breach of privilege has occurred and makes appropriate recommendations in its report.
• It also outlines the procedure the house should follow to implement its recommendations.
• The committee is also responsible for conducting preliminary inquiries and submitting reports to the speaker/chairman when a petition regarding the disqualification of a member on the grounds of defection is referred.
• The procedure followed by the Committee in such cases is the same as that applicable to questions of breach of privilege.

Constitutional provisions related to Parliamentary Privileges:

• Originally, Article 105 of the Constitution expressly mentioned two privileges: freedom of speech in Parliament and the right to publish its proceedings.
• Article 105 (2) grants immunity to a member of Parliament "in respect of anything said or any vote given by him in Parliament or any committee thereof".
• Article 194(2) confers similar immunity on Members of the State Legislatures.
• Parliamentary privileges can be classified into two broad categories: those enjoyed by each House of Parliament “collectively” and those enjoyed by the members “individually”.

Collective Privileges: Each House of Parliament has the following collective privileges:

• The house has the authority to publish its reports, debates, and proceedings.
• It can keep outsiders out of its meetings and to arrange private sessions to discuss crucial issues.
• It has the authority to establish rules that govern its internal operations, business dealings, and decision-making processes.
• It can penalise both outsiders and members who violate its privileges.
• It is entitled to be notified when a member is arrested, detained, found guilty, imprisoned, or released.
• It has the authority to summon witnesses and launch investigations.
• It is not permissible for the courts to investigate a House or its committees' activities.
• Without the consent of the presiding officer, no one—members or non-members—may be placed under arrest or have a civil or criminal process served within the House's precincts.

Individual Privileges: The Individual privileges of Members of Parliament include the following:

• They are not permitted to be detained during Parliamentary sessions, 40 days before and 40 days following the conclusion of a session.
• It is limited to civil cases, not criminal or preventive detention cases.
• In Parliament, their expression is free. No member's remarks or votes cast in Parliament or its committees may subject them to legal action in any court.
• They are not required to serve on juries. During parliamentary sessions, they can decline to provide testimony and testify in a matter still proceeding in court.

Additional immunity:

• Specific non-members, such as the Attorney General of India or a Minister who may not be a member but speaks in the House, are entitled to specific privileges.
• Rather than the Court, the Speaker of the House will handle situations when a member goes beyond permitted free expression.