Breach of privilege means the violation of any of the privileges of MPs/Parliament. When any individual or authority disregards or attacks any of the privileges, rights and immunities, either of the members individually or of the House in its collective capacity. In India, the privileges are derived from the Constitution, which has equivalent provisions in this regard in the form of Articles 105 and 194, which grant these privileges to members of the Parliament and state legislatures, respectively. This article explains the Breach of privilege is important for UPSC IAS exam preparation.

What Is The Breach Of Privilege?

• Breach of privilege refers to some of the unique rights that legislators in a parliament or assembly have that they do not have in any other institution or group of people.
• These rights are unique to legislators and are not shared by members of any other institution or group of people.
• A breach of privilege occurs when one of the MPs' or Parliament's privileges is violated. Any activity that 'casts reflections' on MPs, parliament, or its committees, for example, could be considered a breach of privilege.

The following are some examples of breach of privilege

• Speeches or publications in which the House, its Committees, or its members are discussed;
• Reflections on the Speaker's character and impartiality in performing his duties;
• Publication of a fictitious or distorted record of House proceedings; Publication of House proceedings that have been erased;
• Premature release of a legislative committee's procedures, evidence, or report; publication of the proceedings of secret sessions in the house.

Provisions Governing Privilege

• The Constitution (Article 105) includes two privileges: freedom of expression in Parliament and the right to publish its proceedings.
• Privilege is governed by Rule No. 222 in Chapter 20 of the Lok Sabha Rule Book and Rule 187 in Chapter 16 of the Rajya Sabha Rule Book.
• A member may bring a question regarding a breach of privilege by a member or the House with the agreement of the Speaker or the Chairperson.
• The regulations require that any notice be related to a recent incident that requires the involvement of the House.

Privilege Committee

• In the Lok Sabha, the Speaker appoints a privileges committee of 15 members according to the respective party strengths.
• The House is then given a report for its consideration.
• While considering the report, the Speaker may allow a half-hour debate.
• The Speaker may then issue final instructions or request that the report be tabled in the House.
• A resolution pertaining to the breach of privilege may then be moved, which must be carried unanimously.
• The vice chairman of the Rajya Sabha chairs the privileges committee, which has ten members.

Conclusion

The House's penal powers for violation of privilege or contempt of the House, on the other hand, are only used in severe cases where a deliberate attempt is made to defame the institution of Parliament and destroy public trust in and support for it. It is deemed desirable that the parliamentary investigation process not be used in a way that elevates irresponsible or reckless utterances, or statements made by people of no consequence. It has also been decided that the legislation of Parliamentary Privileges should not be applied in a way that restricts or discourages the free expression of opinion or criticism, no matter how prejudiced or excessive it may be.

FAQs

MCQs

1. Which of the following is a consequence of breaching privilege in India’s Parliament?

A) Reprimand
B) Suspension
C) Expulsion
D) All of the above

2. Which body is responsible for examining breach of privilege cases in the Indian Parliament?

A) Privilege Committee
B) Judiciary
C) Executive
D) Public Accounts Committee

3. Which article of the Indian Constitution protects the privileges of the members of Parliament?

A) Article 105
B) Article 121
C) Article 110
D) Article 120

4. A breach of privilege can lead to which of the following actions?

A) Legal action outside the legislature
B) Disrespectful speech in the media
C) Expulsion from the house
D) No consequences

5. What is the primary purpose of a breach of privilege motion?

A) To initiate legal proceedings
B) To uphold the dignity of the legislature
C) To transfer the case to the judiciary
D) To regulate parliamentary functions

GS Mains Questions and Model Answers

Q1: Analyze the importance of parliamentary privileges in the Indian democratic system.

Answer: Parliamentary privileges are crucial to maintaining the independence and functioning of the Indian legislature. They ensure that members of Parliament (MPs) can perform their duties without fear of external interference, be it from the executive, judiciary, or the public. These privileges include the freedom of speech within the house, the right to immunity from legal proceedings for statements made in the house, and the right to take action against those who disrupt parliamentary proceedings. These privileges are vital for upholding the dignity of the legislature and ensuring that lawmakers can engage in robust debate and decision-making without fear of retribution.

Q2: Discuss the role of the Privilege Committee in handling cases of breach of privilege in the Indian Parliament.

Answer: The Privilege Committee in both houses of the Indian Parliament plays a key role in handling cases of breach of privilege. The committee examines the allegations, investigates the facts, and recommends appropriate action, which may include reprimanding, suspending, or expelling the member responsible. The committee ensures that the legislative process is not undermined and that members can exercise their powers effectively. Through its work, the Privilege Committee ensures the proper functioning of the legislature and protects the rights of its members.

Q3: How can the breach of privilege affect the relationship between the legislature and the judiciary?

Answer: The breach of privilege can lead to conflicts between the legislature and the judiciary, particularly when judicial intervention is seen as infringing on the legislative function. While the judiciary upholds the rule of law, the legislature has the right to protect its own privileges and functioning. In cases where judicial rulings affect the privileges of Parliament, it may lead to tensions regarding the separation of powers. To maintain balance, both branches must respect each other’s roles, with the judiciary ensuring that the legislature’s actions align with constitutional principles, while the legislature defends its autonomy to function effectively.

Previous Year Questions on Breach of Privilege

1. UPSC CSE Prelims 2020:

Question: What is a breach of privilege in the Indian Parliament?

A) A breach of privilege is a violation of parliamentary procedure
B) A breach of privilege is an insult to the dignity of the members
C) A breach of privilege involves a disruption of parliamentary proceedings
D) All of the above

Answer: (D)

Explanation: A breach of privilege involves a violation of parliamentary procedure, insults to the dignity of the members, or actions that disrupt the proceedings of the house, undermining its authority.

2. UPSC CSE Mains 2019 (GS Paper 2):

Question: Explain the legal and constitutional implications of a breach of privilege in the Indian Parliament.

Answer: A breach of privilege in the Indian Parliament has significant legal and constitutional implications. It can lead to disciplinary actions such as reprimand, suspension, or expulsion of the offending member. It also underscores the importance of maintaining the integrity and functioning of the legislature. Constitutional provisions, particularly Articles 105 and 194, protect the privileges of Parliament and state legislatures, ensuring that members can perform their duties without undue interference. Legal actions may also be taken if a breach involves contempt of the house, further reinforcing the authority of the legislature.