Parliamentary privileges play a crucial role in ensuring that the members of Parliament are able to perform their duties effectively and without fear of retaliation. These privileges include freedom of speech, exemption from arrest, and freedom from interference by the executive. When these privileges are disregarded, it is referred to as a breach of privilege and is considered a punishable offence.

 

A privilege motion is moved by a member of either House of Parliament when they feel that their privileges have been breached. The Lok Sabha Speaker/Rajya Sabha Chairperson is responsible for the first level of scrutiny of the motion, and can either decide on the motion himself/herself or refer it to the privileges committee of Parliament. The privilege committee, which is a standing committee, examines cases of breach of privilege and recommends appropriate action.

 

The privileges of Parliament and its members are governed by Rules No. 222 in Chapter 20 of the Lok Sabha Rule Book and Rule 187 in Chapter 16 of the Rajya Sabha rulebook. In addition, the Code of Civil Procedure, 1908, provides for freedom from arrest and detention of members under civil process during the proceedings of a House of Parliament or its committees.

 

In conclusion, the privilege motion serves as an important tool for members of Parliament to address grievances and uphold their rights and immunities. The privileges of Parliament and its members, including freedom of speech and exemption from arrest, are crucial in ensuring the effective functioning of democracy.