What is Privilege motion?

• IAS NEXT, Lucknow
• 13, Nov 2021

Congress chief whip in the Rajya Sabha Jairam Ramesh has moved a privilege motion against Culture Minister G. Kishan Reddy over the appointment of former MP Tarun Vijay as the Chairperson of the National Monuments Authority, a post for which, Mr. Ramesh said, Mr. Vijay was not qualified.

What’s the issue?

The Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010 says that the Chairperson of the NMA should have “proven experience and expertise in the field of archaeology, country and town planning, architecture, heritage, conservation architecture or law.”

• However, the Government had appointed a chairperson whose educational and professional background does not meet the requirements o fa law passed by Parliament in March 2010.

What are Parliamentary Privileges?

Parliamentary Privileges are certain rights and immunities enjoyed by members of Parliament, individually and collectively, so that they can “effectively discharge their functions”.

1. Article 105 of the Constitution expressly mentions two privileges, that is, freedom of speech in Parliament and right of publication of its proceedings.
2. Apart from the privileges as specified in the Constitution, the Code of Civil Procedure, 1908, provides for freedom from arrest and detention of members under civil process during the continuance of the meeting of the House or of a committee thereof and forty days before its commencement and forty days after its conclusion.

Motion against breaches:

When any of these rights and immunities are disregarded, the offence is called a breach of privilege and is punishable under law of Parliament.

• A notice is moved in the form of a motion by any member of either House against those being held guilty of breach of privilege.

Role of the Speaker/Rajya Sabha (RS) Chairperson:

The Speaker/RS chairperson is the first level of scrutiny of a privilege motion.

The Speaker/Chair can decide on the privilege motion himself or herself or refer it to the privileges committee of Parliament.

• If the Speaker/Chair gives consent under relevant rules, the member concerned is given an opportunity to make a short statement.

Applicability:

1. The Constitution also extends the parliamentary privileges to those persons who are entitled to speak and take part in the proceedings of a House of Parliament or any of its committees. These include the Attorney General of India.
2. The parliamentary privileges do not extend to the President who is also an integral part of the Parliament. Article 361 of the Constitution provides for privileges for the President.