News: A DMK MP, Tiruchi Siva, has moved a privilege notice against Commerce Minister Piyush Goyal. He alleged that the Minister held a press conference on the Indo-US trade deal before briefing Parliament while it was in session.
About Breach of Privilege Notice
- A Breach of Privilege is the violation of respective rights and immunities of either House of Parliament and State Legislative Assembly.
- It is treated as a serious offence and is punishable by the concerned House.
- Sources of Parliamentary Privileges
- Constitutional provisions
- Article 105 – Powers, privileges and immunities of Parliament and its members.
- Article 194 – Similar provisions for State Legislatures.
- Laws enacted by Parliament, Rules of Procedure of both Houses, Parliamentary conventions and Judicial interpretations.
- Constitutional provisions
- Procedure to move notice
- Under certain rule which are mentioned below a member of parliament submits a written notice to the Lok Sabha Speaker and Chairman of Rajya Sabha-
- Lok Sabha: Rule 222 in Chapter 20 of the Lok Sabha Rules.
- Rajya Sabha: Rule 187 in Chapter 16 of the Rajya Sabha Rules.
- Under certain rule which are mentioned below a member of parliament submits a written notice to the Lok Sabha Speaker and Chairman of Rajya Sabha-
- Examples of Breach of Privilege
- Making false or defamatory statements about Parliament or its members.
- Casting reflections on the impartiality of the Speaker.
- Publishing false, distorted or premature reports of parliamentary proceedings.
- Publishing committee evidence before it is tabled in the House.
- Threatening, obstructing or intimidating an MP.
- Announcing important executive decisions outside Parliament during session, bypassing legislative scrutiny.
- Committee of Privileges
- Each House has a Committee of Privileges to examine cases of breach.
- It performs semi-judicial functions and recommends action.
- Lok Sabha Committee: 15 members.
- Rajya Sabha Committee: 10 members.
