PRIVILEGE MOTION
PRIVILEGE MOTION
CONTEXT: The recent suspensions of leaders in
Parliament has ignited a debate on the potential
infringement of MPs’ privileges and the arbitrary use of
suspension as a political tool.
What are Privilege motions?
Privilege motions revolve around the concept of
parliamentary privilege, which confers certain rights
upon Members of Parliament to facilitate the conduct
of business on the floor of the House.
Though an exhaustive list of these privileges doesn’t
exist, they generally encompass the freedom of
expression during parliamentary debates, with MPs
being immune to court proceedings for their speech.
When does Privilege committee come into
role?
When it is believed that a privilege has been breached,
any member can raise a motion. If admitted by
the Chairman, it can be referred to the Privileges
Committee.
For a question of privilege to be raised, two conditions
must be fulfilled-
The matter must relate to a recent occurrence
The matter necessitate Rajya Sabha’s intervention
Composition: The Privileges Committee consists of
ten members who are nominated by the Chairman of
Rajya Sabha.
Headed by: The Privileges Committee is headed by
a Chairman chosen from among the members.
The Committee’s responsibility is to examine cases
and provide suitable recommendations. It can summon
relevant individuals for examination and study pertinent
documents.
Subsequently, the committee generates a report, to be
presented within a month of the reference date if no
specific time has been set by the Rajya Sabha Chairman.
The report’s consideration requires a motion, with the
possibility of suggested amendments. Members can
agree, disagree or propose amendments to the Privileges
Committee’s report.
Other Important Motions:
No Confidence Motion-
In a parliamentary democracy, a government can be in
power only if it commands a majority in the directly
elected House.
Article 75(3) of the Constitution embodies this rule by
specifying that the Council of Ministers are collectively
responsible to the Lok Sabha.
For testing this collective responsibility, the rules of Lok
Sabha provide a particular mechanism – a motion of
no-confidence.
The procedure is specified under Rule 198 of the
Lok Sabha. The Constitution does not mention
either a Confidence or a No Confidence Motion.
Any Lok Sabha MP, who can garner the support of
50 colleagues, can, at any point of time, introduce
a motion of no-confidence against the Council of
Ministers.
A no-confidence motion can be moved only in the Lok
Sabha. It cannot be moved in the Rajya Sabha.
The motion is moved by the member who submitted it,
and the government will then respond to the motion.
The opposition parties will then have the opportunity to
speak on the motion.
After the debate, the Lok Sabha will vote on the noconfidence motion.
The motion will be passed if it is supported by a
majority of the members of the House.
If a no-confidence motion is passed, the government
must resign.
If the government wins the vote on the no-confidence
motion, the motion is defeated and the government
remains in power.
Adjournment Motion-
Adjournment motion is introduced only in the
Lok Sabha to draw the attention of the House
to a definite matter of urgent public importance.
It involves an element of censure against the
government, therefore Rajya Sabha is not
permitted to make use of this device
It is regarded as an extraordinary device as it interrupts
the normal business of the House. It needs the support
of 50 members to be admitted.
The discussion on this motion should last for not less
than two hours and thirty minutes.
However, right to move a motion for an adjournment
of the business of the House is subject to the following
restrictions. i.e. It should:
Raise a matter which is definite, factual, urgent
and of public importance.
Not cover more than one matter.
Be restricted to a specific matter of recent
occurrence.
Not raise a question of privilege.
Not revive discussion on a matter that has been
discussed in the same session.
Not deal with any matter that is under adjudication
of courtNot raise any question that can be raised on
a distinct motion.
PYQ (2013)
2. In the Parliament of India, the purpose of an
adjournment motion is:
(a) to allow a discussion on a definite matter of
urgent public importance
(b) to let opposition members collect information
from the ministers
(c) to allow a reduction of specific amount in
demand for grant
(d) to postpone the proceedings to check the
inappropriate or violent behaviour on the part
of some members
Correct Option: (a)
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