What is parliamentary privilege?

• As elected representatives, the members of the House enjoy certain rights and immunities to effectively discharge their functions.
• India lacks a law that defines what is a parliamentary privilege. Article 105 in the Indian Constitution explicitly mentions only two kinds of privileges, freedom of speech in the Parliament and the right to publish the house proceedings.
• The Code of Civil Procedure, 1908, grants freedom from arrest and detention of members under a civil process during house proceedings or during the functioning of any of its committees. 
  • Members also enjoy immunity for forty days before its commencement and after the conclusion of any house or committee proceedings.
• Apart from the Indian constitution and Code of Civil Procedure, privileges are also based on house rules and other parliamentary conventions. 
  • Members are not liable for any court proceedings for anything said or published regarding house or committee proceedings.

What is a privilege motion?

• If a member believes that such a privilege has been breached or misused, a motion or complaint can be raised to the house chairman or speaker.
• Two conditions exist – the question shall be restricted to a specific matter of recent occurrence and the matter requires the intervention of the Council.

What is the process?

• The Speaker/Chair upon initial examination can either admit or reject such motion. When admitted, the motion is then referred to a privileges committee consisting of members nominated by him from time to time.
• The committee on examination of a privilege motion can make recommendations that it deems to be fit.
• After the committee submits its report, the House can consider the recommendations and suggest amendments. Penal action against members is recommended only in extreme cases.