Recently, Member of Indian National Congress, Rahul Gandhi, led his party members and others for a 2-minute silence in the light of the death of farmers who lost their life in the ongoing protest by farmers against the 3 farm laws. Following this, BJP (Bharatiya Janata Party) MP Sanjay Jaiswal and P.P Chaudhary alleged Rahul Gandhi with the claim that he has shown an unparliamentary behaviour and passed the breach of privilege motion against him.

About Breach of Privilege

It means violation of any of the privileges of MPs. It includes any action that casts reflections on MPs, parliament or its committees. The actions include publishing any news items or editorials; any statements made in newspaper or magazine or TV interviews or any statements made in public speeches by the Members of Parliament .

How Breach of Privilege is checked?

  • The breach of privilege is checked upon in accordance with the Article 105 of the constitution of India in Parliament while in case of state legislature the motion is passed in accordance with the Article 194.
  • It is also governed by the Rule no.222 of chapter 20 in the Lok Sabha (Lower House). While in case of Rajya Sabha, it is governed by Rule no.187 in chapter 16 of the rule book.
  • These rules governing the Breach of Privilege mandates that the notice should be related to the incident of recent occurrence. It should also need the intervention of the House.
  • The Lok Sabha member can raise question on the motion of breach of privilege or contempt of member of contempt of the house after having consent of the Speaker.
  • The notice regarding it should be given before 10 am to the Speaker or the Chairperson.

How the motion is scrutinized?

The Speaker or the Rajya Sabha (Upper House) chairperson at first do the scrutiny of any privilege motion. They can either decide on the privilege motion or refer it to privileges committee of Parliament for further considerations. In Lok Sabha (Lower House), the privilege committee is nominated by the Speaker consisting of 15 members. While in Upper House, Chairperson nominates the privilege committee comprising of ten members.