What is the privilege violation that Congress has brought against Amit Shah, what action can be taken?

Privilege motion in Rajya Sabha. – Social Media

Amidst all this happening in the Parliament, it is important to know what exactly is a privilege violation motion? Who can give its notice and under what circumstances? What is the procedure after giving this notice? What action can be taken against the person against whom the privilege violation motion has been presented? Let us know..

The controversy over the comment made by Union Home Minister Amit Shah in Rajya Sabha on Babasaheb Bhimrao Ambedkar is not taking the name of stopping. On Thursday, Congress took a step forward and in this matter, Leader of Opposition in Rajya Sabha Mallikarjun Kharge gave a notice to initiate privilege violation proceedings against the Home Minister. Earlier, TMC MP Derek O’Brien also gave a privilege violation notice against Shah on Wednesday. Congress is demanding an apology from Shah on this issue. However, the BJP has surrounded the Congress, accusing it of distorting Shah’s statement on this issue.

What reason did Kharge give for presenting the privilege violation motion?

Mallikarjun Kharge said that a case of contempt of the House and privilege violation is made out against the Home Minister. The Congress President urged Rajya Sabha Chairman Jagdeep Dhankhar, “Privilege violation proceedings should be initiated against Home Minister Amit Shah.” He has given a notice under Rule 188 of the Rules of Procedure and Conduct of Business of the House. Kharge said, “The comments made by the Home Minister in the House are a clear insult to BR Ambedkar, the chief architect of the Constitution of India.”

According to Kharge, the Home Minister had said, “Now it has become a fashion – Ambedkar, Ambedkar… If you take this much name of God, you will get heaven for seven lives.” He has termed this as an insult to the architect of the Constitution. Amidst this entire incident happening in Parliament, it is important to know what is a privilege violation motion? Who can give its notice and under what circumstances?

What is the procedure after giving this notice?

What action can be taken against the person against whom the privilege violation motion has been presented? Let’s know… What are the privileges of MPs, what protection do they provide? To maintain the autonomy, greatness and respect of Parliament, it is important that some privileges are given to the Parliament and its members, through which they can do their work unhindered without any fear or pressure. Article 105 of the Constitution mentions the powers of privilege of Parliament and MPs. Under this…

Members of both the Houses of Parliament (Lok Sabha and Rajya Sabha) will have complete freedom to speak in Parliament.

MPs can get exemption from legal action for any statement made or any action done regarding their duties in Parliament.

This simply means that they are not responsible for any action of any court for any statement or opinion said in the Houses of Parliament. Not only this, during the Parliament session, they can also refuse to appear in the case pending in the court.

In a way, due to this privilege, MPs get many such rights inside the Parliament, due to which no action can be taken against them. However, breach of privilege and contempt of the House are two such aspects, due to which these rights of MPs can be violated.

Privileges of MPs. – Photo: Social Media

What is breach of privilege, when can it be presented?
The privileges that MPs get are considered applicable only till the time they are not related to the interest of the Parliament or the House. That is, MPs do not have the right to say anything without caring about the House. Not only this, if someone lies in the House or tries to mislead the House (knowingly or intentionally), then it is considered a breach of privilege.

How is a breach of privilege motion brought?
Any member in Lok Sabha or Rajya Sabha can raise any such question with the permission of the Speaker/Chairman, in which he feels that the privilege of a member, or the House or any committee has been violated. Under the rules, any member of the House in Lok Sabha or Rajya Sabha who wants to raise a question related to breach of privilege has to inform the Secretary General of Lok Sabha/Rajya Sabha about it. In this case, if the question is based on any evidence, then evidence has to be provided along with the information. Not only this, it is necessary that this question is related to a recent incident.

After giving a notice of breach of privilege in Lok Sabha or Rajya Sabha, if the Speaker/Chairman agrees to it, then the name of the MP who wants to raise the question is called in the House. After this, the concerned member puts forth his views on the issue. However, if the Speaker/Chairman feels that the concerned notice does not fulfill the criteria of breach of privilege, then he can refuse to give consent to it citing the rules. But if the Speaker/Chairman feels that this issue is serious, then he can allow it to be raised after the Question Hour is over in the House.

Whenever a privilege breach motion is brought, it is sent to the Speaker/Chairman of that House. In the case of Rajya Sabha, the Chairman can also place it before the House and give information about it and seek objections on it. If 25 MPs in the House object to this proposal, then in that situation the Chairman takes it into notice that some people also have objections to the proposal. If there is opposition to raising a question of breach of privilege inside the House, then the Chairman asks those MPs to stand up who want permission for it. If 25 or more MPs stand up on it, then the Chairman allows it to be presented, but if the number is less than 25, then he does not give permission.

What does the Speaker/Chairman do in privilege breach cases?

In cases related to privilege breach, it is looked at by the Speaker/Chairman of the concerned House (Lok Sabha or Rajya Sabha, wherever this question has been raised). They see whether prima facie a privilege case is made out or not. After this, the Speaker/Chairman of the House examines these allegations. When they feel prima facie that this case is related to privilege breach, then the privilege breach case is sent to the Privilege Committee of the House. This committee decides whether privilege has been breached by the MP or not.

In the case of Rajya Sabha, the question of privilege is considered and decided either by the House directly or the Chairman may refer it to the Committee of Privileges for investigation, inquiry or report.
How does the Privileges Committee work?
If the privilege violation motion is allowed by the Chairman, then the concerned House considers the question related to privilege. After this, the questions are handed over to the Privileges Committee. According to the rules, any question related to privilege can be handed over to the Privileges Committee by the Rajya Sabha Chairman for investigation, research or report. This committee will investigate every question submitted and determine on the basis of facts in all cases whether the privilege has been violated or not? If yes, then what is its nature? And under what circumstances has it happened?

This committee listens to all the parties in the case. It obtains further evidence in the case or calls the concerned people who need to be called.

After completing the investigation, the committee makes recommendations based on its discretion. Subject to the rules, the committee can also give its opinion on how its recommendations should be implemented. According to the rules, the Chairman of the Rajya Sabha can give his opinion on the Privileges Committee or any matter related to it.

When the report of the privilege committee is presented in the concerned house, it is discussed. On the basis of this discussion, the house decides whether to accept the report or not.

What will happen if privilege violation is proved?

According to former Rajya Sabha Secretary General VK Agnihotri, there is no provision of punishment in the Constitution under privilege violation. But it has mostly been seen that whenever a privilege violation motion comes in any house of Parliament, the members doing so are given a message that their act was wrong. That is, in a way, they are made to realize their mistake.

Privilege violation has come against many MPs in this session

In the winter session of Parliament, notice of privilege motion has come against many MPs. Last week, TMC MP Sagarika Ghosh had given a notice related to this against BJP MP Kiren Rijiju. Rijiju had said about the opposition party MPs who attacked the Vice President and Rajya Sabha Chairman Jagdeep Dhankhar that they are not eligible to be members of the House.

Apart from this, Congress leader Hibi Eden had also given a notice to bring a privilege violation motion against BJP MP Sambit Patra. Patra had called Rahul Gandhi a traitor of the country and targeted him fiercely. On this, the Congress said that the BJP MP has clearly violated the constitutional norms by using completely insulting and unparliamentary words. Apart from him, a similar notice has been given against BJP MP Nishikant Dubey.