- In 1978 Indira Gandhi was expelled from the Lok Sabha on Chaudhary Charan Singh's privilege motion
- Earlier in 1976 Subramaniam Swamy was expelled from the Rajya Sabha in the case of privilege of abduction.
Jul 26, 2019, 05:58 PM IST
new Delhi. Samajwadi Party MP Azam Khan on Thursday made an indecent remark on the BJP MP and the presiding officer of Lok Sabha Rama Devi. There was a ruckus in the Lok Sabha on Friday. Speaker Om Birla and the opposition have agreed on the demand of Azam's apology in the House. If this is not the case then a proposal for abolishing the privilege can be brought against Azam. If this happens then they can be suspended or expelled from the House. In the case of privilege abuses in 1978, former Prime Minister Indira Gandhi was expelled from the Lok Sabha and sent to jail. To know about the rules related to the privilege of MPs, Bhaskar Ape spoke to former Lok Sabha speaker Sumitra Mahajan and constitutional expert Subhash Kashyap.
If Azam Khan apologizes then the matter will end there, or else it can be subscribed
Constitutional expert Subhash Kashyap points out that it becomes a matter of denial of privilege of Parliament and contempt of the House. If such apology is sought on such statements in the parliamentary system, then the case is closed. MPs should seek unconditional apology. If this is not the case, either the House can take a decision or send it to the Privileges Committee. In this case, the committee decides about the MP and approves the Parliament with that decision. After this the House only stamps the committee's decision. If convicted of privilege, the MP can be suspended or expelled from the House.
Speaker will decide: Sumitra Mahajan
Former Lok Sabha speaker Sumitra Mahajan explains that Azam Khan should have taken note of Lok Sabha's limitations. They should immediately apologize. This is a matter of privilege of abusing the Parliament. The speaker can take the further decision on this.
Indira Gandhi had to go to jail
- After the Emergency in 1978, the then Home Minister Chaudhary Charan Singh had proposed the privilege of abolishing privilege against former Prime Minister Indira Gandhi. This proposal was presented on the basis of the report of the Justice Shah commission set up to investigate the emergency. When the proposal was approved in the House, Indira was expelled from the house. Constitutional expert Subhash Kashyap says that Indira had to go to jail for this reason.
- In the year 1976, the proposal for abducting privilege was introduced in the Rajya Sabha against Subramaniam Swamy. The owner had alleged that he had humiliated the house through his interview given to foreign publishers involved in anti-national activities. After the motion was approved from the House, the master was expelled from the house.
What is the privilege of abusing?
Parliament members and committees have been given some privileges so that they can follow their duties in an independent and effective manner. If these rights are abused by a member of parliament or an outsider or organization, then it comes under the scope of the contempt and privilege of the House. In such a case, any member of the House can present a privilege motion against the MP or the outside person in the House.
The provision of penalties on the contempt of the House and the privilege of abusing the privilege
- There have been many cases of contempt or privilege of the House. If a person or institution is found guilty of dishonest privilege or contempt of the House, then it is up to the House to forgive him, warn him or leave him in prison. In 1967, two persons were sent to jail due to throwing a pamphlet from the Visitors Gallery of the Rajya Sabha.
- In 2008, an editor of Urdu Magazine was convicted of abusing the privilege for using the term incorrectly for the Rajya Sabha Deputy Speaker, but instead of giving the penalty, the editor had left it saying that it would be better to see that the House should focus on its dignity Ignore such articles written for gaining popularity and extortion.
- In 2007, Ambassador Ronen Sen accused the MPs of being 'headless chicken'. No action has been taken even on the privilege of bringing the privilege of bringing an offense against them, as the investigation committee found that the word Sen did not say for the MPs.
Process of Privilege Abolition Proposal
- Under the rule 222 of the Lok Sabha, any member of the House can bring a proposal for abating privilege against any other member with the permission of the President. The member who wishes to take the question of privilege, must give the written notice to the Lok Sabha General Secretary before 10am on the same day. If the information is given after 10 o'clock, then it is considered the next day.
- After bringing a privilege motion against a member in the Lok Sabha, it depends on the speaker whether they will allow it or not. If the Speaker thinks that this proposal is not under the rules, then he can dismiss it right there. But the Speaker thinks that if it is favorable to the rules then they give permission.
- If the objection arises after the approval of the President on this proposal, then at least 25 members of Parliament have to stand up and object to this, otherwise the proposal is sent to the Privileges Committee for investigation.
- The Privilege Committee of the Lok Sabha consists of 15 members, while the Rajya Sabha Committee has 10 members. The chairman of this committee is the ruling party MP. All the MPs of all parties are included in this committee. However, how many MPs of the party will be in it, it depends on their number.
- The privilege committee's job is to investigate the proposal. After this the committee gives its recommendations. There is a debate in the House on the recommendations.