To understand the Privilege Motion, it’s important to note that:
1. Members of the Parliament enjoy special privileges (e.g privilege against arrest)
2. The judiciary can’t interfere in the internal affairs of the Parliament (Theory of Separation of Power)
- In case MPs misuse their privileges, the Parliament can initiate procedures under the in-house retribution system. This is called “Privilege Motion”.
- The “Privilege Motion” can be moved against an individual, any in-house committee or even the entire house.
[Secretary – General has to be notified by 10:00 of the working day, also it can be moved only once in a sitting]
- The Speaker/Chairman has authority to admit or dismiss the Privilege Motion. If accepted the Speaker can seek the services of “Committee of Privileges” to establish the allegations with facts. The committee may also recommend any punishment, which the Speaker may or may not accept.
- In short, a Privilege Motion is similar to Censure motion. Privilege Motion does not force the Council of Ministers to resign.
Role of the Chair
The Speaker/RS chairperson is the first level of scrutiny of a privilege motion. The Speaker/Chair can decide on the privilege motion himself or herself or refer it to the privileges committee of Parliament. If the Speaker/Chair gives consent under Rule 222, the member concerned is given an opportunity to make a short statement.
Karnataka Assembly resolution to arrest journalists