Breach of Privilege - Meaning, Types of Parliamentary Privileges & Examples | UPSC Polity Notes

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. 

Breach of Privilege

In this article, we shall discuss in detail Parliamentary Privileges, Rules governing privileges, Privilege motion in parliament 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 the Parliamentary System in India here.

What is a Breach of Privilege?

Parliamentary Privilege encompasses the essential rights, privileges, and exemptions that enable Parliament and its Members to fulfill their constitutional duties effectively. A Breach of privilege transpires when these rights and immunities are infringed upon, and such violations are subject to penalties prescribed by Parliamentary law. Any member, irrespective of the House, has the authority to submit a motion, formally notifying the Parliament of individuals determined to violate parliamentary privilege.

Examples of Breach of Privileges

Some examples of breach of privilege include:

• Speeches or writings reflecting on the character or proceedings of the House, its Committees, or members. This includes making false or defamatory statements about Parliament or its members.
• Reflections on the character and impartiality of the Speaker in the discharge of his duty. This includes making statements that call into question the Speaker's integrity or impartiality.
• Publication of false or distorted reports of the proceedings of the House. This includes publishing a report of the proceedings of the House that is inaccurate or misleading.
• Publication of expunged proceedings of the House. This includes publishing any part of the proceedings of the House deleted from the record.
• Premature publication of proceedings, evidence, or report of a parliamentary committee. This includes publishing information about the proceedings of a parliamentary committee before it has been formally released.
• Publication of proceedings of secret sessions of the House. This includes publishing any information about the proceedings of a secret session of the House.
• Interfering with the process of parliamentary inquiry. This includes obstructing a parliamentary inquiry, such as by refusing to produce documents.
• Threatening or intimidating a member of Parliament. This includes making threats of violence against a member of Parliament or their family members.

Also, read the Procedure established by Law here!

Breach of Privilege - Essentials

• Anyone can be held accountable for a breach of privilege. This includes members of the House, organizations, authorities, and even strangers. This is if their actions go against the immunity provided in Article 105 and Article 194.
• If a member of the House wants to claim the privilege, it is necessary that they were present at the session of the House when the alleged breach took place. This is to establish a good case of breach of privilege or to claim legislative immunities. It was believed that a person who cannot perform their duties properly is also not entitled to claim the rights.
• A member's action is directly connected to their assigned role, duties, or functions as a legislator. Only then can a breach of privilege be established. This is an essential condition for establishing a breach of privilege. 

Major Laws Associated With Breach of Privilege

The major laws associated with breach of privilege are:

• The Constitution of India, in Article 105, grants certain privileges to the members of Parliament. These privileges include: 
  • freedom of speech and debate, 
  • freedom from arrest in certain cases, and 
  • immunity from civil suits for statements made in Parliament.
• The Rules of Procedure of Parliament also contain provisions relating to breach of privilege. These provisions define the acts that constitute a breach of privilege and the procedure for dealing with such breaches.
• The Contempt of Courts Act 1971 also applies to breach of privilege. This Act defines the offense of contempt of court and the punishment for such an offense.

Study the Devices of Parliamentary Proceedings here.

Parliamentary Privileges

Parliamentary privileges are the rights and immunities enjoyed by the members of a legislature. This is to enable them to discharge their functions effectively. These privileges include freedom of speech and debate, freedom from arrest in certain cases, and immunity from civil suits for statements made in Parliament.

Classification of Parliamentary Privileges

Parliamentary privileges are classified into two categories:

Collective Privileges

Collective privileges are those enjoyed by the legislature as a whole. These include:

• the right to publish its reports, debates, and procedures; 
• the right to keep strangers out of its meetings; 
• the right to create rules to govern its process and conduct of business; and 
• the right to punish those who violate its privileges.

Individual Privileges

Individual privileges are those enjoyed by the members of the legislature. These include:

• the right to freedom of speech in Parliament; 
• the right not to be arrested during a session of Parliament; and 
• the right not to serve on juries.

Check out Various Parliamentary Committees here.

Sources of Privileges

The sources of privileges are:

• The Constitution of India, in Article 105, grants certain privileges to the members of Parliament. These privileges include:
  • freedom of speech and debate, 
  • freedom from arrest in certain cases, and 
  • immunity from civil suits for statements made in Parliament.
• The Rules of Procedure of Parliament also contain provisions relating to privileges. These provisions define:
  • the acts that constitute a breach of privilege and 
  • the procedure for dealing with such breaches.
• The precedents set by the courts in cases of breach of privilege are also considered to be a source of privilege. These precedents help to guide the interpretation of the laws. They help determine whether or not an act constitutes a breach of privilege.
• Custom is also a source of privilege. Certain acts may be considered to be a breach of privilege even if they are not specifically mentioned in the Constitution or the Rules of Procedure. This is because these acts may have been considered to be a breach of privilege in the past.

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.
• 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.

What is a Privilege Motion in Parliament?

The Privilege Motion pertains to situations where a minister is accused of breaching parliamentary privileges. It is initiated by a member who believes the minister has concealed facts or provided misleading information. It infringes upon the privileges of the House or its members. The objective of this motion is to hold the minister accountable for their actions.

Initially, the Privilege Motion is examined by the Speaker or the Chairperson of the respective House. They have the discretion to either decide on the motion themselves or refer it to the Parliament's privileges committee. If the Speaker or Chairperson grants consent under Rule 222. The concerned member can make a brief statement about the motion.

Also, study Censure Motion here.

Role of Rajya Sabha Chair

The Speaker or the Chairperson of the respective House conducts the initial examination of a privilege motion, serving as the first level of scrutiny. The Speaker or Chairperson holds the authority to either make a decision on the privilege motion or refer it to the Parliament's privileges committee.

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 privilege violation 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.

Check out the Motion of Thanks in Parliament here!

We hope all your doubts regarding the breach of privilege would have been addressed now. Testbook provides study material for various competitive examinations. Ace your UPSC preparation by downloading the Testbook App!

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