Does the Constitution mention the Proposal Proposal?
Article 105 of the Constitution belongs to the powers, privileges and unmovedness of any House, its members and committees of the Indian Parliament. The privilege proposal has been mentioned in Rule 22 of Chapter 20 for the Lok Sabha and Rule 18 of Chapter 16 for Rajya Sabha.
What is the reason for presenting a privilege proposal
If a Member of Parliament feels that parliamentary privilege has been violated or misused by a (other) member, then a complaint can be made before the Chairman of the Rajya Sabha or Speaker (Speaker) through a privilege proposal.
Who can bring privilege proposal, know here
The privilege proposal is introduced on behalf of a member when he/she feels that a minister or a member has violated the privilege of the House or one or more members by hiding the facts of a case or by giving wrong or distorted facts.
What are the conditions required for privilege proposal
This proposal can be introduced in both houses. These are the conditions required to present it-
- Related questions should be limited to a specific case recently.
- The standing committee should be required to intervene in the case.
What is the purpose of bringing privilege proposal
The objective of the privilege proposal is to protect the dignity and rights of Parliament and its members. Through this process, MPs can complain against any work done by the member, officer or any other person of the House which has violated the privileges of Parliament.
These are parliamentary privileges, know
- The more important privileges of every House of Parliament and its members and committees are as follows:
- Members have freedom of expression in Parliament
- In relation to anything or given votes given by a member in Parliament or any of its committee, any action in any court is immunity to the member.
- In relation to the publication of any report, letter, vote or proceedings on behalf of any House of Parliament or under its authority, any person is given immunity in any court.
- Courts are banned for investigating the proceedings of Parliament.
- The House cannot be arrested during the continuation of the session.
- The arrest of members in civil matters is freed 40 days before the start of the session and 40 days after the end of the session.
Note: The privilege of freedom from arrest does not apply to preventive arrests or custody and criminal cases under the statutory authority from the executive order.
How is the process of checking privilege breach
The first sight is prima facie preliminary investigation. After this, the Speaker (or Chairman) can accept or reject such proposal. After the proposal is accepted, it is sent to the Privilege Committee which includes members from the Chairman (or Chairman) from time to time. The committee investigating the privilege proposal may make recommendations to see it appropriate. This committee also has the right to call the concerned persons and if there is any related documents, it also has the right to see.
Who is in the privilege committee
It is a standing committee of Parliament. It examines cases of violation of privileges of the House and its members and recommends appropriate action. The Lok Sabha consists of 15 members in this committee, while the Rajya Sabha has 10 members in this committee. Its report will be submitted within a month or at an early date suggested by the Chairman or Chairman. There is also a fierce drawing on social media about Rahul Gandhi’s remarks.
What does the House do after the report is presented
After the report of the committee is presented, the House may consider its recommendations and suggest amendment. When the Speaker or Chairman accept the allegations as truth, the accused is called to give his/her explanation. If the violation of privileges is proved by the accused member, then action can be taken by the House. Penitive action against members is recommended only in serious cases.
Such a proposal also against PM Modi and Nirmala Sitharaman
Earlier, a privilege abuse resolution was passed against Prime Minister Narendra Modi and Nirmala Sitharaman, who was a Defense Minister, claiming that he/she had misled members of Parliament on the Rafale fighter aircraft deal.
When Indira Gandhi was expelled from the House
The most important privilege abuse proposal was passed against Indira Gandhi in 1978. The proposal was passed by the then Home Minister Charan Singh, in which he/she accused the excesses made during the Emergency. he/she was found guilty and expelled from the House.
BJP MPs’ notice against Sonia Gandhi too
BJP MPs have given notice of breach of privilege against Sonia Gandhi to use the words ‘derogatory and condemnable’ against President Draupadi Murmu. Under the leadership of Rajya Sabha member Sumer Singh Solanki, he/she met Rajya Sabha Chairman Jagdeep Dhankhar and demanded disciplinary action against Sonia Gandhi. Sonia Gandhi in one of her statement called the President a Poor Lady, after which the ruckus has increased.
When Sansadi went to Rahul, Supreme Court stopped
Rahul Gandhi was disqualified as a member of the Lok Sabha on 24 March 2023. The disqualification occurred after being convicted by a lower court, who sentenced Gandhi to two years imprisonment for defaming the Modi surname. In August 2023, the Supreme Court of India banned his/her conviction. This allowed him/her to contest the next election. On August 7, a notification of the Lok Sabha Secretariat restored Rahul Gandhi’s law.
