News- Stand-up comedian Kunal Kamra and Shiv Sena leader Sushma Andhare appeared before Maharashtra Legislative Council Privileges Committee regarding alleged derogatory remarks.
About Privileges Committee
- The Privileges Committee examines cases of breach of privilege of the House, its members, or its committees and makes recommendations.
- Origin: Parliamentary privileges in India originated from the Charter Act, 1833 and later developed through the Government of India Act, 1935.
Sources of Parliamentary Privileges- Privileges of Parliament and State Legislatures are derived from several sources:
- Constitution of India: Articles 105 and 194 grant privileges to Parliament and State Legislatures.
- Article 122 and Article 212 bar courts from questioning legislative proceedings on procedural grounds.
- Parliamentary conventions based on British parliamentary practices.
- Statutory laws enacted by Parliament.
- Rules of Procedure and Conduct of Business of both Houses.
- Judicial interpretations by constitutional courts.
State Legislatures also have their own Privileges Committees, functioning under the privileges granted to them under Article 194.
Power and Functions of the Privileges Committee
- It examines every question of breach of privilege referred by the House or the Speaker/Chairman.
- It determines, based on facts, whether a breach of privilege has occurred.
- It makes recommendations to the House regarding action to be taken.
- It states the procedure for implementing its recommendations.
- It may conduct preliminary inquiry in defection-related petitions if referred by the Speaker/Chairman.
Composition of the Privileges Committee:
- The committee has 15 members in Lok Sabha and 10 members in Rajya Sabha.
- Members are nominated by the Speaker in Lok Sabha and by the Chairman in Rajya Sabha.
- In Rajya Sabha, the Deputy Chairman heads the committee.
Procedure
- Initiation Stage: A question of privilege is raised only with the consent of the Speaker or the Chairman, who decides whether the matter should proceed further.
- Reference Decision: After consent, the House may choose to consider the matter directly or refer it to the Committee of Privileges for detailed examination.
- Committee Inquiry: The Committee studies the issue carefully, examines the facts of the case, and prepares a report along with its recommendations.
- Final Decision: The House considers the committee’s report and takes the final action in accordance with its decision.
Punishment
- If a breach of privilege or contempt of the House is established, punishment may include warning, reprimand, imprisonment, or enforcement of attendance.
- For members, penalties may include suspension or expulsion.
- Custody or punishment may be limited to the duration of the House session.
