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Breach of Privilege – UPSC Polity

Meaning, Types of Notes
Parliamentary Privileges &
Examples
When one of the MPs’ or Parliament’s privileges is infringed, it is called a Breach of Privilege.
Any activity that ‘casts reflections’ on MPs, Parliament, or its committees, might be attributed to
a breach of privilege. Article 194 addresses the powers, privileges, and immunities of the State
Legislatures, their Members, and their committees. In this article, we shall discuss in detail
Parliamentary Privileges, Rules governing privileges, Privilege motion and its process, Privilege
committee, and its instances in India. Breach of Privilege is one of the most important topics for
the UPSC IAS Examination.

Also, check Parliamentary System in India here.

Table of Contents

What is a Breach of Privilege?

• Parliamentary Privilege refers to the rights, privileges, and exclusions that Parliament as a

whole and Members of Parliament, in particular, enjoy, without which they would be unable

to perform their constitutionally assigned responsibilities.

• A Breach of privilege occurs when one or more of these rights and immunities are

violated, and it is penalized under Parliamentary law.

• Any member of either House may file a notification in the form of a motion against

persons found guilty of a violation of privilege.

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Parliamentary Privileges
• Parliamentary privileges are derived from the Indian Constitution, which has identical

provisions in the form of Articles 105 and 194, which grant these privileges to members of

Parliament and state legislatures, respectively.

• The Constitution has also extended 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 i.e., the Attorney General of India and Union ministers.

• The President, who is also a member of Parliament, is not entitled to parliamentary

privileges.

Study the Devices of Parliamentary Proceedings here.

Classification of Parliamentary Privileges

• Collective Privileges

• Individual Privileges

Collective Privileges

• It has the legal right to publish its reports, debates, and procedures, as well as the legal

right to prevent others from doing so. The 44th Amendment Act of 1978 restored the

press’s ability to publish accurate coverage of parliamentary proceedings without the

House’s approval. However, this does not apply in the case of a House Secret Session.

• It can keep strangers out of its meetings and organize private meetings to discuss

sensitive issues.

• It has the authority to create rules to govern its own process and conduct of business, as

well as to adjudicate on such matters.

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• It can censure, admonish, or imprison members and non-members who violate its

privileges or show disrespect for it (as well as suspend or expel members).

• It is entitled to immediate notification of a member’s arrest, detention, conviction,

imprisonment, and release.

• It can launch investigations, summon witnesses, and request necessary documents and

records.

• Inquiries into the proceedings of a House or its committees are prohibited by the courts.

• Without the approval of the presiding officer, no one (whether a member or an outsider)

can be detained, and no legal process (civil or criminal) can be served within the House’s

boundaries.

Check out Various Parliamentary Committees here.

Individual Privileges

• They are not allowed to be arrested during a Session of Parliament, as well as 40 days

before and after a session. This privilege applies solely to civil matters; it does not apply to

criminal or preventive detention situations.

• In Parliament, they have freedom of speech. Nothing stated or voted in Parliament or its

committees is legally binding on any member of Parliament or its committees. This

independence is limited by the Constitution’s provisions as well as the norms and standing

orders that govern Parliament’s functioning.

• They are not required to serve on juries. When Parliament is in session, they can refuse to

offer evidence or appear as a witness in a court case.

Also, read the Procedure established by Law here!

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Sources of Privileges
Two privileges are included in the Constitution in Article 105: Freedom of Speech in Parliament
and the right to publish its proceedings.

Freedom of Speech Right of Publication of its Proceedings

• The parliamentarians have • Another right guaranteed by the

absolute protection from the courts Constitution is that no Member of

under Articles 105 and 194 for Parliament shall be accountable in any

anything stated within the house court for anything said or voted in the

throughout the course of the Parliament or any committee thereof.

houses or any of its committees’

• In Surendra vs. Naba Krishna, a
operations.
newspaper editor was found guilty of

• These provisions safeguard contempt of court for publishing a house

legislators’ speech within the statement.

house, but when they speak

• A five-judge Supreme Court bench ruled
outside the house, they are just
by a 3:2 majority in the Narasimha Rao
like anybody else.
case that the extent of immunity available

• This privilege, however, is subject to Members of Parliament is pretty

to other articles of the Constitution substantial and that it is available to them

as well as other norms and not only against judicial proceedings but

standing regulations governing the also against all civil and criminal

parliamentary process. proceedings for anything said or voted in

the House of Parliament.

• One example is Article 121, which

prevents any discussion in • The goal of this safeguard is to allow

Parliament about the conduct of a members of Parliament to openly and

Supreme Court judge.

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fearlessly express themselves in

• The use of inappropriate and
Parliament.
offensive language or conduct by

a member is forbidden by Lok

Sabha rules.

• It should be emphasized that the Parliament has not passed any special legislation to fully

codify all privileges. They are based on five sources, namely,

1. Constitutional provisions,

2. Various laws made by Parliament,

3. Rules of both the Houses,

4. Parliamentary conventions, and

5. Judicial interpretations

Also, read about Statutory Bodies in India here!

What is the Privileges Committee?

• In the Lok Sabha, the Speaker of Lok Sabha appoints a privileges committee of 15

members based on the size of each party.

• The House is then presented with a report to consider.

• While considering the report, the Speaker may allow a half-hour debate.

• The Speaker may then issue final orders or order the report to be presented to the House.

• Following that, a resolution referring to the breach of privilege may be proposed, which

must be passed unanimously.

• The vice chairperson of the Rajya Sabha chairs the privileges committee, which has ten

members.

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What is Privilege Motion?

• The Privilege Motion is associated with a minister’s breach of parliamentary privileges. It

is brought by a member when he believes that a minister has violated the House’s or one

or more of its members’ privileges by concealing facts or giving incorrect or distorted

facts. Its goal is to bring down the minister in question.

• A Privilege motion is initially scrutinized by the Speaker/RS chairperson.

• The Speaker/Chair has the option of deciding on the privilege motion himself or referring it

to Parliament’s privileges committee.

• The member concerned is granted the opportunity to make a brief remark if the

Speaker/Chair gives consent under Rule 222.

Also, study Censure Motion here.

Breach of Privilege vs Contempt of the House

• The breach of privilege is punishable by the House. Contempt of the House is defined as

any act or omission that obstructs a House of Parliament, its member, or its officer in the

execution of their tasks, or that has the potential, directly or indirectly, to generate effects

that are detrimental to the House’s dignity, authority, or honor.

• ‘Normally, a violation of privilege is considered contempt of the House.’ However,

contempt of the House has broader ramifications. It is possible to be in contempt of the

House without committing a breach of privilege.’

• Similarly, “activities that are not breaches of any specific privilege but offend the House’s

dignity and authority lead to contempt of the House.” Disobedience to a legal House order,

for example, is not a breach of privilege but can result in contempt of the House.

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Examples of Breach of Privileges

• Addressing the House, its Committees, or its members in speeches or writings;

Reflections on the Speaker’s character and impartiality in performing his duties;

• Publication of a fraudulent or distorted record of House proceedings; Publication of House

proceedings that have been erased;

• Premature publication of parliamentary committee procedures, evidence, or reports;

publication of House of Commons secret session proceedings.

Check out the Motion of Thanks in Parliament here!

We hope all your doubts regarding the breach of privilege would have been addressed now.
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