Congress MP Renuka Chowdhury today in Rajya Sabha moved a privilege motion in the House against Union Minister of State for Home Affairs Kiren Rijiju for posting a video of Prime Minister Narendra Modi’s comments on her laughter.
Narendra Modi received a sharp rebuke from Congress for his remark. Anand Sharma, Spokesperson for Congress, said that the PM “should apologize”.
However, BJP hit back at Renuka Chowdhury. Party’s general secretary Bhupender Yadav said that the Congress MP’s laughter “disrespected” parliamentary traditions.
What is a parliamentary privilege?
It is a set of rights, privileges and immunities provided to Parliament and Members of Parliament without which they are unable to discharge their functions efficiently and effectively. The primary aim of parliamentary privilege is to protect the freedom, the authority and the dignity of Parliament. Parliamentary privilege, though, do not exempt MPs from obligations to society which apply to other citizens as well.
What is a breach of privilege?
It is a violation of any of the privileges of the Members of Parliament or Parliament itself. Multiple acts are considered to be a breach of privileges. For instance, it is breach of privilege and contempt of the House to make speeches or to print or publish “libels reflecting on the character or proceedings of the House or its committees or on any member of the House for or relating to his character or conduct as a Member of Parliament”.
Can you mention some cases of privilege motion proceeded against an MP?
Not long ago, the BJP proceeded a privilege motion against Congress president and Amethi MP Rahul Gandhi in Rajya Sabha for “twisting” the Finance Minister’s name.
“The members of this House have dignity. The name of the Leader of the House Arun Jaitley has been intentionally published by the Congress president with malafide intentions to defame this House,” said BJP leader Bhupender Yadav moving the motion against Rahul Gandhi.
Privilege motions and punishment
So far multiple members had given notices of breach of privilege against Khushwant Singh, then an MP in Rajya Sabha, for one of his write-ups in his popular column for a national daily on August 6, 1983.
In the parliament, the notice proceeded on the ground “that certain passages from the writings of an English author who had criticised politicians generally and in particular Members of Parliament for voting in their own favour to raise their own emoluments were applied to members of our Parliament”.
However, the Chairman of Rajya Sabha claimed that “such writings were not worth serious notice”.
Can privilege motions be moved only against parliamentarians?
No. The privilege motions can be moved against any individual or authority who has despoiled or disregarded any of the privileges or immunities enjoyed by Parliament or MPs. In the past, for instance, MPs have often given notices of breach of privilege over “alleged misbehaviour or ill-treatment received from law-enforcing agencies or jail authorities”.
The Committee of Privilege examines the motion.
What is the punishment for someone found guilty of breach of privilege or contempt of House?
An offender can be let off with a warning, however, sometimes, given the gravity of the situation, the offender can be sentenced to simple imprisonment as well.
Back in 1967, a person who screamed slogans and threw leaflets into the Rajya Sabha chamber from the visitor’s gallery was found guilty of “gross contempt” and was sentenced to simple imprisonment.
On November 21, 1983, a person in the visitor’s gallery of Rajya Sabha shouted slogans and threw a chappal on the floor of the House. He was sentenced to simple imprisonment till the conclusion of the session (the session concluded on December 22, 1983).