Breach of Privilege Notice

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.
• 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.
• 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.