Question of Privilege 

Context: Rajya Sabha Chairman referred complaints related to the privilege of the House to the privileges committee.

“Privilege and Immunity” Under Constitution

In part V of the Constitution under the title “Powers, Privileges and Immunities of Parliament and its Members” constitution define the following: 

Article 105: Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof:

1. Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament.
2. No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings.
3. In other respects, the powers, privileges and immunities of each House of Parliament, and of the members and the committees of each House, shall be such as may from time to time be defined by Parliament by law, and, until so defined, shall be those of that House and of its members and committees immediately before the coming into force of section 15 of the Constitution (Forty-fourth Amendment) Act, 1978.
4. The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of Parliament or any committee thereof as they apply in relation to members of Parliament.

In part VI of the Constitution under the title “Powers, Privileges and Immunities of State Legislatures and its Members” constitution define the following:

Art 194: Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof:

1. Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of the Legislature, there shall be freedom of speech in the Legislature of every State.
2. No member of the Legislature of a State shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of a House of such a Legislature of any report, paper, votes or proceedings.
3. In other respects, the powers, privileges and immunities of a House of the Legislature of a State, and of the members and the committees of a House of such Legislature, shall be such as may from time to time be defined by the Legislature by law, and, until so defined, shall be those of that House and of its members and committees immediately before the coming into force of section 26 of the Constitution (Forty-fourth Amendment) Act, 1978.
4. The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of the Legislature of a State or any committee thereof as they apply in relation to members of that Legislature.

Rules of Procedure and Conduct of Business in Lok Sabha 

Under the above rules in Chapter XX named “Privileges” Lok Sabha deals with the “Questions of Privileges” 

Rule 222: Consent of the speaker 

A member may, with the consent of the Speaker, raise a question involving a breach of privilege either of a member or of the House or of a committee thereof.

Rule 223: Notice of question of privileges 

A member wishing to raise a question of privilege shall give notice in writing to the Secretary-General on the day the question is proposed to be raised. If the question raised is based on a document, the notice shall be accompanied by the document.

Rule 224: Admissibility of questions of Privileges 

The right to raise a question of privilege shall be governed by the following conditions, namely

• Not more than one question shall be raised at the same sitting.
• The question shall be restricted to a specific matter of recent occurrence.
• The matter requires the intervention of the House.

Rule 225: Mode of raising questions of privilege

• The Speaker, if gives consent under rule 222 and holds that the matter proposed to be discussed is in order, shall call the member concerned, who shall rise in one’s own place and, while asking for leave to raise the question of privilege, make a short statement relevant thereto.
• Where the Speaker has refused to give consent under rule 222 or is of opinion that the matter proposed to be discussed is not in order, the Speaker, if thinks necessary, may read the notice of question of privilege and state that the consent is refused or the notice of question of privilege is not in order: Provided further that the Speaker may, on being satisfied about the urgency of the matter, allow a question of privilege to be raised at any time during the course of a sitting after the disposal of questions.
• If objection to leave being granted is taken, the Speaker shall request those members who are in favour of leave being granted to rise in their places, and if not less than twenty-five members rise accordingly, the Speaker shall declare that leave is granted. If less than twenty-five members rise, the Speaker shall inform the member that such member has not the leave of the House.

Rule 226: Questions of privilege to be considered by House or Committee.

If leave under rule 225 is granted, the House may consider the question and come to a decision or refer it to a Committee of Privileges on a motion made either by the member who has raised the question of privilege or by any other member.

Rule 227: Reference of questions of privilege to Committee by Speaker

Notwithstanding anything contained in these rules, the Speaker may refer any question of privilege to the Committee of Privileges for examination, investigation or report.

Rule 228: Power of Speaker to give directions

The Speaker may issue such directions as may be necessary for regulating the procedure in connection with all matters connected with the consideration of the question of privilege either in the Committee of Privileges or in the House.

Rules of Procedure and Conduct of Business in Rajya Sabha

Under these rules in Chapter XVI Rajya Sabha deals with the “Questions of Privileges” 

Rule 187: Question of Privileges 

Subject to the provisions of these rules, a member may, with the consent of the Chairman, raise a question involving a breach of privilege either of a member or of the Council or of a committee thereof.

Rule 188: Notice

A member wishing to raise a question of privilege shall give notice in writing to the Secretary-General, before the commencement of the sitting on the day the question is proposed to be raised. If the question proposed to be raised is based on a document, the notice shall be accompanied by the document.

Rule 189: Conditions of admissibility 

The e shall be governed by the following conditions, namely: 

1. The question shall be restricted to a specific matter of recent occurrence.
2. The matter requires the intervention of the Council.

Rule 190: Mode of raising a question on privileges 

• The Chairman, if he gives consent under rule 187 and holds that the matter proposed to be discussed is in order, shall, after the questions and before the list of business is entered upon, call the member concerned, who shall rise in his place and while asking for leave to raise the question of privilege make a short statement relevant thereto.
• Where the Chairman has refused his consent under rule 187 or is of opinion that the matter proposed to be discussed is not in order, he may, if he thinks it necessary, read the notice of question of privilege and state that he refuses consent or holds that the notice of question of privilege is not in order: Provided further that the Chairman may, if he is satisfied about the urgency of the matter, allow a question of privilege to be raised at any time during the course of a sitting after the disposal of questions.
• If objection to leave being granted is taken, the Chairman shall request those members, who are in favour of leave being granted to rise in their places and if not less than twenty-five members rise accordingly, the Chairman shall intimate that leave is granted. If less than twenty-five members rise the Chairman shall inform the member that he has not the leave of the Council.

Rule 191: Reference to committee of privileges 

If leave under rule 190 is granted, the Council may consider the question and come to a decision or refer it to the Committee of Privileges on a motion made either by the member who has raised the question of privilege or by any other member.

Rule 192: constitution of committee of privileges 

1. The Chairman shall, from time to time, nominate a Committee of Privileges consisting of ten members.
2. The Committee nominated under sub-rule (1) shall hold office until a new Committee is nominated.  
3. Casual vacancies in the Committee shall be filled by the Chairman.

Rule 193: Chairman of Committee 

1. The Chairman of the Committee shall be appointed by the Chairman from amongst the members of the Committee. 
2. If the Chairman of the Committee is for any reason unable to act, the Chairman may similarly appoint another Chairman of the Committee in his place. 
3. If the Chairman of the Committee is absent from any meeting, the Committee shall choose another member to act as Chairman of the Committee for that meeting.

Rule 194: Quorum 

The quorum of the Committee shall be five.

Rule 195: Examination of the question 

1. The Committee shall examine every question referred to it and determine with reference to the facts of each case whether a breach of privilege is involved and, if so, the nature of the breach, the circumstances leading to it and make such recommendations as it may deem fit.
2. Subject to the provisions of sub-rule (1) of this rule, the report may also state the procedure to be followed by the Council in giving effect to the recommendations made by the Committee.

Rule 196: Power to take evidence or call for papers, records or documents

1. The Committee of Privileges shall have power to require the attendance of persons or the production of papers or records, if such a course is considered necessary for the discharge of its duties:
   1. Provided that if any question arises whether the evidence of a person or the production of a document is relevant for the purposes of the Committee, the question shall be referred to the Chairman, whose decision shall be final:
      1. Provided further that Government may decline to produce a document on the ground that its disclosure would be prejudicial to the safety or interest of the State.
2. Subject to the provisions of this rule, a witness may be summoned by an order signed by the Secretary-General, and shall produce such documents as are required for the use of the Committee.
3. It shall be in the discretion of the Committee to treat any evidence tendered before it as secret or confidential.

Rule 197: Sitting of the Committee 

1. As soon as may be, after a question of privilege has been referred to the Committee of Privileges, the Committee shall meet from time to time and shall make a report within the time fixed by the Council:
   1. Provided that where the Council has not fixed any time for the presentation of the report, the report shall be presented within one month of the date on which reference to the Committee was made:
      1. Provided further that the Council may at any time, on a motion being made, direct that the time for the presentation of the report by the Committee be extended, to a date specified in the motion.  
2. Reports may be either preliminary or final.
3. The report shall be signed by the Chairman of the Committee on behalf of the Committee:
   1. Provided that in case the Chairman of the Committee is absent or is not readily available, the Committee shall choose any other member to sign the report on behalf of the Committee.

Rule 198: Presentation of report 

The report of the Committee of Privileges shall be presented to the Council by the Chairman of the Committee or in his absence by any member of the Committee.

Rule 199: Motion of consideration of report 

As soon as may be, after the report has been presented, a motion in the name of the Chairman of the Committee or any member of the Committee may be put down that the report be taken into consideration.

Rule 200: Amendments to motion for consideration of report 

Any member may give notice of amendment to the motion for consideration of the report referred to in rule 199 in such form as may be considered appropriate by the Chairman: Provided that an amendment may be moved that the question be re-committed to the Committee either without limitation or with reference to any particular matter. 

Rule 201: Motion after consideration of report 

After the motion for consideration of the report has been carried, the Chairman or any member of the Committee or any other member, as the case may be, may move that the Council agrees, or disagrees, or agrees with amendments, with the recommendations contained in the report. 

Rule 202: Regulation of procedure 

The Chairman may issue such directions as he may consider necessary for regulating the procedure in connection with all matters connected with the consideration of the question of privilege either in the Committee or in the Council. 

Rule 203: Power of Chairman to refer a question of privilege to Committee 

Notwithstanding anything contained in these rules, the Chairman may refer any question of privilege to the Committee of Privileges for examination, investigation and report.