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The Committee of Privileges is a Standing Committee of Parliament.
It was constituted on 7 January 2013, following the bifurcation of the erstwhile Committee on Standards and Privileges.
The committee performs quasi-judicial (semi-judicial) functions by examining cases involving alleged breaches of parliamentary privileges.
Its primary role is to investigate complaints of breach of privilege or contempt of the House and recommend appropriate action.
10 members, nominated by the Chairman of the Rajya Sabha.
The Deputy Chairman of the Rajya Sabha serves as the chairman of the committee.
15 members, nominated by the Speaker of the Lok Sabha.
The Committee of Privileges:
Examines every question relating to a breach of privilege of the House, its Members, or any parliamentary committee referred to it by the House or the Speaker/Chairman.
Determines, based on the facts of each case, whether a breach of privilege has occurred.
Submits recommendations regarding the action to be taken against the person or authority responsible.
Rajya Sabha
When a privilege matter is referred by the House, the Committee submits its report to the House through the Chairman or, in his/her absence, any member of the Committee.
Lok Sabha
When a matter is referred by the Speaker, the Committee submits its report to the Speaker, who may:
pass final orders, or
Direct that the report be laid on the Table of the House.
Parliamentary privileges are special rights, immunities, and exemptions enjoyed by Parliament, its members, and its committees to enable them to discharge their constitutional functions effectively.
Article 105 of the Constitution provides parliamentary privileges for Members of Parliament. It expressly guarantees:
Freedom of speech in Parliament.
Immunity in respect of publication of parliamentary proceedings, subject to constitutional provisions and parliamentary rules.
Note: The Parliament has not yet enacted a comprehensive law codifying all parliamentary privileges. Most privileges continue to be based on constitutional provisions, parliamentary conventions, and judicial precedents.
Article 361 provides constitutional immunity to the President and Governors in the discharge of their official duties. These protections are separate from parliamentary privileges under Article 105 and do not arise because the President is a constituent part of Parliament.
Lok Sabha: Rule 222 (Chapter XX)
Rajya Sabha: Rule 187 (Chapter XVI)
These rules provide that a member may, with the consent of the Speaker (Lok Sabha) or Chairman (Rajya Sabha), raise a question involving a breach of privilege of:
the House,
a Member, or
a committee of the House.
Members enjoy certain individual privileges, including:
Freedom of speech in Parliament (subject to constitutional limitations and House rules).
Freedom from arrest in civil cases:
during the session of Parliament,
40 days before the commencement of a session, and
40 days after its conclusion.
Important: This protection does not apply in criminal cases, preventive detention, or preventive custody.
The Houses of Parliament collectively enjoy several privileges, including:
The right to regulate their own internal proceedings.
The right to publish or prohibit the publication of debates, reports, and proceedings.
The power to punish individuals for breach of privilege or contempt of the House.
The 44th Constitutional Amendment Act, 1978, restored the media's protection for publishing substantially true reports of parliamentary proceedings.
However, this protection does not extend to proceedings of a secret sitting of either House.
Committee Type: Standing Committee
Nature of Functions: Quasi-judicial
Rajya Sabha Members: 10
Lok Sabha Members: 15
Relevant Articles: Article 105, Article 122, Article 361
Lok Sabha Rule: Rule 222
Rajya Sabha Rule: Rule 187
Comprehensive Law Codifying Privileges: Not enacted yet.
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