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Received privilege motion against Minister: Speaker
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- Lok Sabha Speaker recently informed the House that he had received the notice of privilege motion moved by the Congress against Social Justice Minister Thawar Chand Gehlot for his statement on the Supreme Court order on the issue of reservation in promotion for the SCs/STs and the OBCs.
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- Privilege Motion
(1) Members of Parliament (MPs) enjoy certain parliamentary privileges which are bestowed on them collectively and individually so that they can discharge their duties and functions effectively.
(2)m In the case that any of these immunities or rights are disregarded by any MP, the act is regarded as a ‘breach of privilege’ and is a punishable offence under Laws of Parliament.
(3) When a breach of privilege is found, then an MP can move a privilege motion against those being held guilty of breach.
(4) Both the Lok Sabha(rule 222 in LS rule book) and the Rajya Sabha(rule 187 in RS rule book) reserve the right to punish any action of contempt (not necessarily breach of privilege) which is against its authority and dignity.
(5) According to the rules, an MP may raise a question of breach of privilege with the Speaker or the Chairperson, notices for which have to be sent to them before 10am.
(6) The breach of privilege could be of another MP, a committee or of the House.
(7) However, the rules mandate the notice should be regarding an incident which has occurred recently and that it needs the intervention of the House.
(8) The Speaker/Chairperson may decide on the privilege motion at their own discretion or they may refer it to a parliamentary committee.
(9) If the Speaker/Chairperson admits the motion, then the concerned member is given an opportunity to explain themselves by making a short statement.
(10) In the Lok Sabha, the Speaker nominates a committee of privileges which consists of 15 members proportionate to the strengths of various political parties in the Lower House of Parliament. They prepare a report which is then presented before the House for its consideration.
(11) The process is similar in the Upper House, except that the privilege committee consists of 10 members and is headed by the deputy chairperson of the Rajya Sabha.
Sources
The Hindu