Breach of Privilege

Context: The Maharashtra Legislative Council has accepted a breach of privilege notice against a popular standup comedian for alleging disrespect towards the Deputy Chief Minister of Maharashtra and the legislature. Admitting the notice would mean the comedian may have to appear before the council.

Relevance of the Topic: Prelims: Key facts about Parliamentary Privileges; Breach of Privilege. 

Parliamentary Privileges

• Parliamentary privileges are special rights, immunities and exemptions enjoyed by the two Houses of Parliament, their committees and their members.
• They are necessary in order to: 
  • Secure the independence and effectiveness of their actions. 
  • Maintain their authority, dignity and honour and protect their members from any obstruction in the discharge of their parliamentary responsibilities. 
• Extension of privileges: To persons entitled to speak and take part in the proceedings of a House of Parliament or any of its committees. E.g., Attorney general of India and Union ministers.
• Exception: Parliamentary privileges do not extend to the President who is also an integral part of the Parliament.

Breach of Privilege: 

• Breach of privilege refers to instances when any individual disregards or undermines the rights and immunities enjoyed by the Parliament or Legislature and its members, which are essential for them to perform their duties. The offence is punishable by the House. 

Sources of Privileges:

• Constitutional Provisions: 
  • Article 105: Defines the powers, privileges, and immunities of Parliament and its members.
  • Article 194: Grants similar privileges to State Legislatures and their members. 
• Various laws made by Parliament
• Rules of both the Houses
• Parliamentary conventions
• Judicial interpretations.

Examples of Breach of Privileges: 

• Speeches or writings reflecting on the character or proceedings of the House, its Committees, or members. E.g., 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. E.g., Making statements that call into question the Speaker's integrity or impartiality.
• Publication of false or distorted reports of the proceedings of the House. E.g., Publishing a misleading report of the proceedings of the House.
• Premature publication of proceedings, evidence, or report of a parliamentary committee.
• Threatening or intimidating an MP. This includes making threats of violence against a member of Parliament or their family members.

Breach of Privilege vs Contempt of the House

Committees of Privileges: 

• The functions of this committee are semi-judicial in nature. It examines the cases of breach of privileges of the House and its members and recommends appropriate action.
• The Lok Sabha committee has 15 members, while the Rajya Sabha committee has 10 members.