Expunction powers in Parliament

Source-This post on Expunction powers in Parliament has been created based on the article “ On expunction powers in Parliament” published in “The Hindu” on 8 July 2024.

UPSC Syllabus–GS Paper-2- Parliament and State Legislatures—Structure, Functioning, Conduct of Business, Powers & Privileges and Issues Arising out of these.

Context- The inaugural special session of the 18th Lok Sabha witnessed heated debates between the Opposition and the government on multiple issues. The session concluded amid controversies surrounding the deletion of remarks made by Opposition leaders. Article 105 of the Constitution grants MPs certain privileges and freedom of speech in Parliament, though it is bound by other constitutional provisions and parliamentary rules.

The practice of expunging remarks has been questioned recently in the digital age. This is because expunged content remains accessible due to live broadcasts of proceedings and widespread sharing of screenshots and videos on social media.

When are remarks expunged?

1) Verbatim Recording and Removal of Unparliamentary Remarks -Parliament records all speeches and proceedings verbatim. The Chairman (Upper House) and Speaker (Lower House) can order the removal of “defamatory, indecent, unparliamentary, or undignified” words.

2) List of Unparliamentary Words-The Lok Sabha Secretariat maintains a list of ‘unparliamentary’ words. In the Rajya Sabha, rules require immediate withdrawal of unparliamentary words without debate when deemed so by the Chair.

3) Discretion of Speakers-Speakers have discretion to expunge words detrimental to national interest, offensive to dignitaries, or likely to cause offense. For ex -Prime Minister Nehru objected when a member mentioned the President of Pakistan in a certain context, resulting in the removal of those remarks from the record.

Read More– Speaker of Lok Sabha- Functioning and Challenges

4) Withdrawal of Irrelevant Remarks -Members must withdraw irrelevant remarks upon the Chair’s request, or face expunction.

5) Unreferenced Document-Quoting from an unreferenced document or speaking against the Chair’s instruction can also lead to expunction.

What rules govern the statements made by MPs against other MPs or individuals outside Parliament?

1) Procedure for Accusations in Lok Sabha -Rule 353 of the Lok Sabha provides the procedure for MPs accusing another MP or an outsider. Allegations must be notified beforehand, prompting the concerned Minister to investigate and present facts in Parliament. However, if the allegation is not defamatory or incriminating, this rule does not apply.

2) Exclusion of Ministerial Allegations-The rule does not cover allegations against government Ministers because they are accountable to Parliament. MPs have the right to question Ministers and criticize their actions as part of their parliamentary duties.

What is the procedure to expunge the remarks?

1) Authority to Expunge Remarks- The Chairman and Speaker have the authority to order the removal of remarks under Rule 261 of the Rajya Sabha and Rules 380 and 381 of the Lok Sabha’s Rules of Procedure.

2) Recording and Expunging Remarks-Expunged parts are marked with asterisks and noted as ‘expunged as ordered by the Chair.’ If the Chair decides that nothing said during a member’s speech or interruption should be recorded, it is noted as ‘not recorded.’

3) Sharing with Media-A comprehensive list of unacceptable words and phrases is shared with media at the end of each day’s proceedings. Once expunged, these words or phrases are deleted from the official record.

Question for practice

What are the regulations concerning MPs’ statements against other MPs or individuals outside Parliament? How is the process for expunging such remarks defined?