A Closer Look at Parliamentary Privilege and the Privileges Committee

There were disagreements between the government and opposition parties during the present Monsoon Session of Parliament, which resulted in complaints against two MPs.
The Privileges Committee was notified of these allegations.

Parliamentary privilege refers to the rights and immunities enjoyed by parliamentarians when performing legislative duties.
MPs/MLAs are immune from civil or criminal liability for actions or words made while carrying out their legislative duties.
Article 105 enshrines the powers, privileges, and immunities of both Houses of the Indian Parliament and their members, whereas Article 194 deals with State Legislatures.

Breach of Privilege: Any violation of rights and immunities is considered a breach of privilege and is punishable under parliamentary law.
Any member of either House may move a motion in the form of a notice against those found guilty of a breach of privilege.
Contempt activities: The Houses also have the jurisdiction to punish activities that are not specifically violations of privilege but are violations of their authority and dignity.

Indira Gandhi was removed from the Lok Sabha in 1978 for delaying government personnel from gathering information for a question on Maruti.
Expulsion of Subramanian Swamy (1976): Subramanian Swamy faced expulsion from the Rajya Sabha for participating in interviews deemed to be “anti-India propaganda.”
Cash for Query controversy (2005): Eleven “tainted” MPs were expelled from the Lok Sabha as a result of the cash for query controversy.

Privilege is governed by Rule No. 222 in Chapter 20 of the Lok Sabha Rule Book.
Rajya Sabha: Privilege is addressed under Rule 187 of Chapter 16 of the Rajya Sabha rules.
Notification Scope: The notification must pertain to a recent incident that necessitated the intervention of the House.
Notices must be delivered to the Speaker or Chairperson before 10 a.m.

The first level of examination for a privilege motion is the Speaker/RS Chairperson.
Making a Decision: They have the option of deciding on the privilege motion themselves or referring it to the Privileges Committee.
If consent is granted under Rule 222, the member involved is given the chance to make a brief remark.

In the Lok Sabha, the Speaker appoints a 15-member Privileges Committee based on relative party strengths.
Report Presentation: The Committee submits a report for consideration by the House. While the report is being considered, a half-hour debate may be allowed.
Final Orders: The Speaker has the authority to issue final orders or direct that the report be tabled in the House.
Resolution: A resolution concerning a breach of privilege must be passed unanimously.
The Deputy Chairperson of the Rajya Sabha chairs the 10-member Committee of Privileges.

Source: https://indianexpress.com/article/explained/everyday-explainers/committee-privileges-privilege-motion-explained-8876762/