Lagatar24 Desk
New Delhi: Lok Sabha MP and former Punjab Chief Minister Charanjit Singh Channi has recently moved a notice to bring a privilege motion against Prime Minister Narendra Modi. This motion stems from Modi sharing a speech by BJP MP Anurag Thakur on social media platform X (formerly Twitter), despite parts of the speech being expunged.
Here’s a detailed explainer on how breach of privilege works in the Indian parliamentary system.
What Are a Lawmaker’s Privileges?
Lawmakers in India, whether MPs or MLAs, enjoy specific privileges to ensure their effective functioning. These privileges include:
- Protection against misinformation within the legislative House.
- Immunity of their speeches in the House from being challenged in court.
- The right to reply if mentioned by another lawmaker.
- Prior information about any government policy or law changes during a legislative session.
These privileges are designed to maintain the integrity and independence of legislative processes. For instance, the government refrains from publicizing Union Cabinet decisions when Parliament is in session to ensure lawmakers are informed first.
What Constitutes a Breach of Privilege?
A breach of privilege occurs when:
- An unsubstantiated comment is made against a member or minister.
- The reputation of an MP is maligned.
- A lawmaker is obstructed from performing their duties.
In such cases, the affected Parliamentarian or MLA can file a complaint to the Speaker (or the Chairman in the case of Rajya Sabha) asserting that their privileges have been breached.
Historical Instances of Breach of Privilege Notices
There have been notable instances of breach of privilege notices against Prime Ministers and former PMs. For example, in 1978, a year after the Emergency was lifted, the Lok Sabha’s privileges panel found former PM Indira Gandhi guilty of contempt of the House. The panel, led by Janata Party MP Samar Guha, investigated a complaint that Gandhi’s government hindered officials from collecting information on Maruti for a question posed in 1975. Consequently, Gandhi was expelled from the House in 1978.
The Current Case: Channi vs. PM Modi
In the recent case, Charanjit Singh Channi alleges that PM Modi breached parliamentary privileges by posting the entire speech of Anurag Thakur on X, despite certain words being expunged from the record. According to Channi, publicizing expunged remarks is a violation of privilege rules, as such words are not meant for public dissemination.
Rules Governing Privilege Notices in India
India’s Parliament has specific rules for moving privilege notices. According to Rule 222 of the House:
- A member may raise a question involving a breach of privilege with the Speaker’s consent.
Rule 223 further states:
- A member wishing to raise a question of privilege must give notice in writing to the Secretary General by 10.00 AM on the day the question is proposed to be raised.
What Happens Next?
Once a breach of privilege notice is moved, the Speaker examines its feasibility. If the Speaker consents, the notice is sent to the privileges committee for detailed examination. The committee then calls both the accused and the complainant before submitting its report to the House for further action.
