Breach of privilege motion

• CPI MP Binoy Viswam has filed a breach of privilege motion against the Lakshadweep Administrator Praful K. Patel for denying him permission to visit the islands.
• The MP has said that the Right of a parliamentarian to move freely and meet with the people is integral to the privilege of their position itself.

• Parliamentary Privileges are certain rights and immunities enjoyed by members of Parliament, individually and collectively, so that they can “effectively discharge their functions”.
• Article 105 of the Constitution expressly mentions two privileges, that is, freedom of speech in Parliament and right of publication of its proceedings.
• Apart from the privileges as specified in the Constitution, the Code of Civil Procedure, 1908, provides for freedom from arrest and detention of members under civil process during the continuance of the meeting of the House or of a committee thereof and forty days before its commencement and forty days after its conclusion.

Motion against breaches:

• When any of these rights and immunities are disregarded, the offence is called a breach of privilege and is punishable under the law of Parliament.
• A notice is moved in the form of a motion by any member of either House against those being held guilty of breach of privilege.

Applicability:

• The Constitution also extends the parliamentary privileges to those persons who are entitled to speak and take part in the proceedings of a House of Parliament or any of its committees. These include the Attorney General of India.
• The parliamentary privileges do not extend to the President who is also an integral part of the Parliament.
• Article 361 of the Constitution provides for privileges for the President.