BharatNotes What is Privilege Motion?
A Privilege Motion is moved when a member feels that a minister or another member has committed a breach of privilege of the House, a committee or a member — typically by misleading the House, distorting facts, or making a false or incomplete statement. Its purpose is to censure the concerned member and uphold the dignity and authority of the House.
The concept flows from parliamentary privileges — the special rights and immunities of the Houses, their committees and members — which are anchored in Article 105 (for Parliament) and Article 194 (for State legislatures) of the Constitution. These privileges remain largely un-codified; Parliament has not enacted a comprehensive law defining them, so they continue to rest on the powers of the House of Commons as they existed at commencement, supplemented by rules and precedents.
Rules and Procedure
A Privilege Motion is governed by Rule 222 of the Rules of Procedure and Conduct of Business in Lok Sabha (Chapter 20) and the corresponding Rule 187 in the Rajya Sabha rules (Chapter 16).
| Element | Detail |
|---|---|
| Constitutional basis | Articles 105 (Parliament) and 194 (States) |
| Governing rule | Rule 222 (Lok Sabha) / Rule 187 (Rajya Sabha) |
| Who decides admissibility | Speaker (Lok Sabha) / Chairman (Rajya Sabha) |
| Notice deadline | Before 10 a.m. on the day it is to be raised |
| Two conditions | (1) a specific matter of recent occurrence; (2) the matter needs the intervention of the House |
The member must give written notice and obtain the consent of the Speaker or Chairman, who is the first-level authority to decide whether a breach is involved. The presiding officer may give a ruling, allow a short debate, or refer the matter to the Committee of Privileges.
Committee of Privileges
| House | Members | Headed by |
|---|---|---|
| Lok Sabha | 15 | Chairman nominated by the Speaker |
| Rajya Sabha | 10 | Deputy Chairman of the Rajya Sabha |
The Committee examines the referred matter, determines whether a breach occurred, and submits a report with recommendations. The Speaker/Chairman may allow a half-hour (30-minute) debate on the report. Penalties for an established breach or contempt can range from admonition or reprimand to, in extreme cases, imprisonment or suspension.
Significance and UPSC Angle
The Privilege Motion is a key instrument of legislative accountability, allowing the House to defend its collective dignity and the integrity of information placed before it. At the same time, the un-codified nature of privileges has long invited debate — particularly the friction between parliamentary privilege and the freedom of the press and citizens' rights under Article 19(1)(a).
For exam preparation, the most common pitfalls are confusing the Privilege Motion with the Censure Motion, No-Confidence Motion or Adjournment Motion, and misremembering the committee sizes (15 in Lok Sabha, 10 in Rajya Sabha). Note the Rajya Sabha committee is headed by the Deputy Chairman, while in the Lok Sabha the Speaker nominates the chairman of the committee.
