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Privilege Motion - Indian Polity Notes

Privilege Motion is brought by a member when he believes that a minister has breached the House's or one or more of its members' privileges by withholding facts in a case or giving incorrect or distorted facts. Its goal is to censure the minister in question. It can be moved in both the Rajya Sabha and the Lok Sabha. Parliamentary motions is a very important topic for the UPSC Exam. In this article, we will discuss what is privilege motion and the instances of privilege motion in parliament.

To Read update on this topic:
  1. Congress Moves Privilege Motion Against PM

Table of Contents

  1. Privilege Motion
  2. Conclusion
  3. FAQs
  4. MCQs

Privilege Motion

What is Privilege Motion?

  • The Parliament, its members, and committees are granted specific powers, privileges, and immunities under the Constitution. These powers and privileges are governed by laws made by the House.
  • The opposition can bring a privilege motion against a minister if the minister has misled the House by supplying incorrect information.
  • A privilege motion can be brought against both members and non-members of the Parliament.
Instances
  • Member of Parliament Jairam Ramesh moved a Privilege Motion against Culture Minister Kishan Reddy in November 2021 for not meeting legal requirements for the appointment of National Monuments Authority chairperson.
  • In 1976, BJP MP Subramanian Swamy was expelled from Rajya Sabha by passing a Privilege motion for bringing disgrace to Parliament through his interviews with foreign publications.

Conclusion

Conclusion

Privilege Motion is an important parliamentary device to safeguard the privileges guaranteed to the parliament as a whole and to the members of the parliament. Any such breach in privileges by providing false information to the house is punishable under the law made by the house.

FAQs

FAQs

Question: What is a Privilege Motion in the Indian Parliament?

Answer: A Privilege Motion is a formal motion introduced in either House of Parliament to draw attention to any breach of privilege or contempt of the House. Privilege refers to the special rights and immunities enjoyed by the members of Parliament in order to carry out their legislative duties effectively. If a member's conduct or any incident violates these privileges, a Privilege Motion can be moved to seek redressal. These motions are used to address issues such as disobedience of orders of the House, abuse of privilege, or failure to adhere to Parliamentary rules. Privilege Motions can be debated and are often followed by disciplinary actions or resolutions.

Question: What are the grounds for raising a Privilege Motion?

Answer: A Privilege Motion can be raised on the following grounds: 1. Breach of privilege: When a member’s actions or any other incident violates the rights or privileges of the Parliament or its members. 2. Contempt of the House: When there is an obstruction to the proceedings or functioning of the House, such as refusing to testify before a Parliamentary Committee. 3. Misuse of Parliamentary privilege: If a member uses their privilege to defame others or cause harm. 4. Violation of rules and procedures: Any violation of the procedures, rules, or norms established by the House can lead to a Privilege Motion.

Question: Who can move a Privilege Motion in the Indian Parliament?

Answer: Any Member of Parliament (MP) can move a Privilege Motion in either the Lok Sabha (House of the People) or the Rajya Sabha (Council of States). The motion is generally introduced with the permission of the Speaker or Chairman of the respective House, but in some cases, it can be raised without prior notice. Once the motion is moved, it is typically referred to the Privileges Committee, which investigates the matter and makes recommendations. The motion is then debated in the House.

Question: What is the process followed after the introduction of a Privilege Motion?

Answer: After a Privilege Motion is introduced, the Speaker or Chairman of the respective House decides whether it merits further attention. If the motion is deemed valid, it is referred to the Privileges Committee, which is responsible for investigating the breach of privilege. The Committee submits its report to the House, and depending on its findings, the House debates the issue. The final decision on the motion is made through a vote. If the motion is accepted, the offending member or person may face disciplinary action, such as censure, suspension, or even expulsion from the House.

Question: How does a Privilege Motion differ from other motions in Parliament?

Answer: Unlike other motions, such as a no-confidence motion or a money bill, which address specific political or financial issues, a Privilege Motion focuses on breaches of privilege or contempt of the House. It is not concerned with policy or governance but with maintaining the dignity and functioning of Parliament. While other motions often deal with legislative matters or national issues, a Privilege Motion deals with actions that disrupt the House's procedures or disrespect its members.

MCQs

1. What is the primary purpose of a Privilege Motion in the Indian Parliament?

A) To challenge the government’s policies
B) To address breaches of privilege or contempt of the House
C) To question the financial allocations in the budget
D) To move a no-confidence motion against the government

Answer: (B) See the Explanation

Explanation: A Privilege Motion is introduced to address breaches of privilege or contempt of the House, maintaining its dignity and authority. It ensures the rights of Parliament and its members are respected.

2. Who can raise a Privilege Motion in the Indian Parliament?

A) Only the Prime Minister
B) Only the Speaker
C) Any Member of Parliament
D) Only the Opposition Leader

Answer: (C) See the Explanation

Explanation: Any Member of Parliament, whether from the ruling party or opposition, can raise a Privilege Motion in the House.

3. What is typically the first step after a Privilege Motion is moved in Parliament?

A) Immediate voting on the motion
B) The motion is referred to the Privileges Committee
C) The motion is rejected outright
D) A debate is held immediately

Answer: (B) See the Explanation

Explanation: After a Privilege Motion is moved, it is usually referred to the Privileges Committee, which investigates the issue before any debate or action is taken in the House.

4. Which of the following can lead to a Privilege Motion in the Indian Parliament?

A) Violation of parliamentary procedures
B) Disrespect to the President
C) Violation of a government policy
D) Misuse of public funds

Answer: (A) See the Explanation

Explanation: A Privilege Motion can be raised if there is a violation of parliamentary procedures or any act that disrespects the privilege and rights of the House and its members.

5. What could be the consequence if a Privilege Motion is accepted by the House?

A) Censure or suspension of the concerned member
B) Immediate dismissal of the government
C) Rejection of the motion
D) The motion is deferred for a year

Answer: (A) See the Explanation

Explanation: If a Privilege Motion is accepted, the offending member may face disciplinary actions, such as censure, suspension, or even expulsion from the House.

GS Mains Questions and Model Answers

Q1: Discuss the significance of Privilege Motions in maintaining the integrity of the Indian Parliament.

Answer: Privilege Motions are crucial tools for maintaining the integrity and dignity of the Indian Parliament. They safeguard the rights of the House and its members, ensuring that no individual or entity undermines the functioning of the legislative process. By addressing breaches of privilege or contempt, these motions act as a mechanism to hold members accountable for their actions, preventing disruptions and maintaining the decorum of Parliament. Privilege Motions are essential in upholding the autonomy of the legislature, particularly in matters related to parliamentary immunity and the free speech of its members. Through these motions, Parliament ensures that its proceedings are not obstructed and that the rights of the members are protected from external influence and disrespect.

Q2: Explain the role of the Speaker in the process of Privilege Motions in the Indian Parliament.

Answer: The Speaker plays a critical role in the process of Privilege Motions in the Indian Parliament. As the presiding officer, the Speaker is responsible for maintaining order and ensuring that the rules and procedures of the House are followed. Upon receiving a Privilege Motion, the Speaker determines whether the motion has merit and whether it should be taken up for discussion. The Speaker may either allow the motion to be referred to the Privileges Committee or reject it if it does not meet the necessary criteria. The Speaker’s role is pivotal in ensuring that the privileges of Parliament and its members are respected while ensuring the smooth functioning of the legislative process.

Q3: What are the implications of Privilege Motions on the relationship between the legislature and the executive in India?

Answer: Privilege Motions have significant implications for the relationship between the legislature and the executive in India. These motions, by focusing on breaches of privilege and contempt, directly challenge the actions or conduct of individuals, including members of the executive. When the legislature asserts its privileges through Privilege Motions, it upholds its constitutional rights and autonomy, which may sometimes lead to tensions with the executive. However, Privilege Motions also serve as an important check on executive actions, ensuring that the government remains accountable to the legislature. While the executive must respect the autonomy of Parliament, Privilege Motions underscore the checks and balances within the Indian political system, reinforcing the principles of parliamentary democracy.

Previous Year Questions on Privilege Motion

1. UPSC CSE Prelims 2020:

Question: In which of the following situations can a Privilege Motion be raised in the Indian Parliament?

A) When a government bill is delayed
B) When there is a breach of privilege or contempt of the House
C) When a political party is suspended
D) When the Prime Minister refuses to answer a question

Answer: (B)

Explanation: A Privilege Motion can be raised in the event of a breach of privilege or contempt of the House, which undermines the rights of its members or obstructs its functioning.

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

Question: "Analyze the role of Privilege Motions in strengthening the parliamentary democracy in India."

Answer: Privilege Motions play a pivotal role in strengthening parliamentary democracy by ensuring that the powers and privileges of Parliament are protected. By enabling Parliament to address issues related to breaches of privilege or contempt, these motions preserve the authority of the legislature. They ensure that members of Parliament are free to perform their duties without interference and safeguard the legislative process from external influences. Through Privilege Motions, Parliament can hold the executive accountable, promoting transparency and accountability in the governance process. This helps reinforce the separation of powers between the legislature and the executive, maintaining the balance of power essential to the democratic structure of India.

*The article might have information for the previous academic years, please refer the official website of the exam.
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