News Excerpt:

The Congress party filed a Privilege Motion against the Prime Minister for sharing on social media “a portion of remarks which were expunged from the proceedings of the House by the Chair.”

More detail about the news

• The Prime Minister posted on X (formerly Twitter) a segment of a BJP leader’s speech.
• The Privilege Motion notice was submitted under rule 222. This rule permits a member, with the Speaker's approval, to address an issue involving a breach of privilege concerning a member, the House, or a Committee.

What are Parliamentary Privileges?

• Parliamentary privileges are rights and immunities that enable elected representatives to perform their duties effectively.
• In India, there is no specific law defining parliamentary privileges.
• Article 105 of the Indian Constitution mentions two privileges:
• Freedom of speech in Parliament and 
• The right to publish the house proceedings.
• The Code of Civil Procedure, 1908, provides members immunity from arrest and detention under civil processes during house proceedings or while functioning in any committee.
• Members also enjoy immunity for forty days before and after the commencement and conclusion of any house or committee proceedings.
• Beyond the Constitution and the Code of Civil Procedure, privileges are based on house rules and parliamentary conventions.
• Members are not liable for court proceedings for anything said or published in connection with house or committee proceedings.

What is a Privilege Motion?

• A Privilege Motion can be raised if a member believes a privilege has been breached or misused.
• The motion or complaint is submitted to the house chairman or speaker.

The Process

• The Speaker or Chair examines the motion and can either admit or reject it.
• If admitted, the motion is referred to a privileges committee, composed of members nominated by the Speaker or Chair.
• The committee examines the motion, makes appropriate recommendations, and may call relevant individuals and review related documents.
• A report is to be presented within a maximum of one month or by an earlier date suggested by the Speaker or Chair.
• Once the committee submits its report, the House considers the recommendations and may suggest amendments.
• Penal action against members is recommended only in extreme cases.