Privilege Motion

2020 JAN 4

Preliminary   > Constitution   >   Indian Constitution   >   Features of constitution

WHY IN NEWS?

The Rajya Sabha privileges committee did not take cognisance of a petition moved by an M.P against Kerala Chief Minister as it did not follow due procedure.

ABOUT PRIVILEGE MOTION

  • The privilege motion is applicable to both the Rajya-Sabha and the Lok Sabha.
  • As MP’s of the Parliament, the members are granted certain privileges individually as well as collectively so that they can perform their duties properly.
  • But, if any of the member disregards these immunities or rights, the act is known as breach of privilege and is liable to be punished under the same as per the Parliament laws.
  • When a MP sees a breach of privilege by another member/members, he or she can move the privilege motion against all those accused of the breach.
  • Besides, the Rajya Sabha and the Lok Sabha both have the power to punish any contempt of the parliament other than breach of privilege considered against its dignity or authority.
  • The privilege motion has a mention in Chapter 20, Rule 222 for the Lok Sabha and Chapter 16, Rule 187 for the Rajya Sabha.
  • If any member wants to move the privilege motion, he or she has to provide a notice to the Speaker before 10 am against any other member, committee or even the house.
  • The first scrutiny level of the privilege motion in the Lok Sabha is through the Speaker and Rajya Sabha through the Chairperson.
  • If the Speaker or Chairperson admits the motion than the accused or concerned is given a chance to explain themselves.

Prelims Question

Q. With reference to privilege motion in Parliament, which of the following statements is/are correct?
1. It is applicable to both Lok Sabha and Rajya Sabha
2. Privilege motion is mentioned in the Constitution
Select the correct answer using the code given below:
a. 1 only
b. 2 only
c. Both 1 and 2
d. Neither 1 nor 2

Answer to the Prelims Question