Former Chief Justice of India Ranjan Gogoi has invited the wrath of the Opposition for saying that he attends proceedings when he feels like it
File image of Ranjan Gogoi leaving Parliament premises. The former CJI was sworn into the Upper House in 2020. PTI
Former Chief Justice of India Ranjan Gogoi’s remarks during an NDTV interview has caused him a lot of flak, with two Trinamool Congress MPs filing a privilege motion against the now Rajya Sabha MP.
Gogoi, in his interview, had said that he attends proceedings of the Upper House when he feels like and when hen he thinks there are matters of importance on which he should speak. He went on to say that he is a nominated member, not governed by any party whip.
The TMC MPs aren’t the only one submitting a privilege motion against Gogoi. As per reports, other Opposition MPs are also expected to file notices of privilege motion against the former CJI.
So, what’s a privilege motion and how does it work?
What is a Privilege Motion and who can move it?
All Members of Parliament (MPs) enjoy rights and immunities so that they can “effectively discharge their functions”. When these rights or immunities are disregarded by any member of Lok Sabha or Rajya Sabha, it is an offence, called ‘breach of privilege’ and is punishable by Parliament rules.
Any member from either house can move a notice against who they think has been guilty of such a ‘breach of a privilege’.
What are the rules governing privilege?
Rule No 222 in Chapter 20 of the Lok Sabha Rule Book and correspondingly Rule 187 in Chapter 16 of the Rajya Sabha rulebook governs privilege.
Rules say that a member may, with the consent of the Speaker or the Chairperson, raise a question involving a breach of privilege either of a member or of the House or a committee thereof.
The notice, however, has to be about a recent incident and should need the intervention of the House. These notices have to be submitted before 10 am to the Speaker or the Chairperson of the House.
What is the role of the Speaker/Rajya Sabha Chair?
The Speaker or Rajya Sabha 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 relevant rules, the member concerned is given an opportunity to make a short statement.
Have privilege motions been passed in the past?
A large number of notices are rejected, with penal action recommended in only a few.
The most significant privilege motion passed was that against Indira Gandhi in 1978. The then Home Minister Charan Singh moved a resolution of breach of privilege against her following observations made by the Justice Shah Commission which probed excesses during the Emergency. She was then expelled from the House.
Another case that had garnered headlines was the expulsion of Subramanian Swamy from the Rajya Sabha in 1976 for ‘bringing disgrace to Parliament’ for his interviews in foreign publications, which were construed as anti-India propaganda.
More recently, in December 2005, 11 ‘tainted’ MPs, who were caught in a sting operation over the cash for query scandal, were expelled from the House.
In the Winter Session of 2017, BJP MP Bhupendra Yadav, now Union Minister of Labour and Environment, had moved a privilege motion against Rahul Gandhi in Rajya Sabha during Zero Hour.
He accused the Gandhi scion of “intentionally, maliciously and disrespectfully” twisting the name of Finance Minister Arun Jaitley in a tweet. Rahul had referred to Jaitley as “Jaitlie”.
With inputs from agencies
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