Context: In the ongoing parliament session, the Chairman of Rajya Sabha has expunged the remarks of Leader of opposition Mallikarjun Kharge. In Lok Sabha, parts of LoP Rahul Gandhi’s remarks on the PM and the ruling party were expunged from the records on the orders of Speaker Om Birla.
About freedom of Speech in the House
- Article 105 of the Constitution of India confers certain privileges and freedom of Speech and expression in Parliament on MPs.
- If the words, phrases, and expressions of an MP are deemed “defamatory, indecent, unparliamentary or undignified” the MPs are asked to withdraw those remarks, if the MPs do not comply, those words are deleted or expunged from records on the order of the Speaker of the House.
- The powers to expunge are conferred upon the Speaker by the Rules of Parliamentary etiquettes which are laid out to ensure discipline and decorum.
- For this purpose, the Lok Sabha Secretariat also maintains a comprehensive list of ‘unparliamentary’ words and expressions.
Grounds of expunction:
- Unparliamentary Language: Words or phrases that are considered offensive, abusive, or disrespectful to other members, the Speaker, or any other person or institution can be expunged. (The Lok Sabha has a list of expressions that are considered unparliamentary.)
- Defamatory Statements: Any remarks that defame, malign, or cast aspersions on the character or conduct of individuals, whether they are members of the house or not, can be expunged.
- Irrelevance or Breach of Decorum: Speeches or comments that are irrelevant to the subject under discussion, or that breach the decorum and dignity of the house, can be expunged.
- Sensitive or Confidential Information: Statements that disclose sensitive or confidential information, particularly if it pertains to national security or the privacy of individuals, can be ordered to be expunged.
- Personal Attacks: Personal attacks or derogatory remarks directed at other members of the house can be expunged to maintain the decorum of parliamentary proceedings.
- Inaccurate or Misleading Information: Statements that are factually incorrect or intentionally misleading can also be ordered to be expunged, especially if they have the potential to misinform the house or the public.
- Prejudicial to National Interest: Words deemed prejudicial to national interest or detrimental to maintaining friendly relations with a foreign State, derogatory to dignitaries, likely to offend national sentiments.
- Other Words or statements which are likely to discredit the Army, not in good taste or otherwise objectionable or likely to bring the House into ridicule or lower the dignity of the Chair, the House or the members can also be expunged.
Remarks against MP:
- Rule 353 of the Lok Sabha (Rules of procedure and conduct of business in Lok Sabha) prohibit the allegation of defamatory or incriminatory statements against fellow MPs unless the person has given adequate advance notice to the speaker and concerned minister. Minister concerned will conduct an inquiry into the allegation and come up with the facts when the MP makes the allegation in the House.
- However, the Speaker may at any time prohibit any member from making any such allegation if the Speaker is of opinion that such allegation is derogatory to the dignity of the House or that no public interest is served by making such allegation.
- Rule 353 does not apply to an allegation against a Minister in the government. Since the Council of Ministers is accountable to Parliament, the Members of the House have the right to question Ministers and make imputations against their conduct as Ministers.
Procedure of expunction:
- Rule 261 of Rules of Procedure of Rajya Sabha: If the Chairman is of opinion that a word or words has or have been used in debate which is or are defamatory or indecent or unparliamentary or undignified, Chairman has the discretion to order that such word or words be expunged from the proceedings of the Council.
- Rule 380 and 381 of Rules of procedure of Lok Sabha: If the Speaker is of opinion that words used in debate are defamatory or indecent or unparliamentary or undignified, the Speaker in his/her discretion may, order that such words be expunged from the proceedings of the House.