CHAPTER XI – QUESTIONS INVOLVING BREACH OF PRIVILEGES AND CONTEMPTS
63. Raising a question of breach of privileges or contempts – A question involving a breach of privilege or contempt either of a member or of the House or of a Committee thereof may, with the consent of the Speaker, be raised by –
- a complaint from a member;
- a report from the Secretary;
- a petition; or
- a report from a Committee:
Provided that if the breach of privilege or contempt is committed in the view of the House, the House may with the consent of the Speaker take action without any complaint.
64. Complaint by members – A member wishing to raise such a question shall give a notice in writing to the Secretary. If the complaint is founded upon a document, the original or a copy thereof shall accompany the notice.
If a complaint is against any member of the House, such a notice shall be in duplicate a copy of which shall be sent to the member concerned.
65. Conditions of Admissibility – (1) Admissibility of such question shall be governed by the following conditions –
(a) the question is restricted to a definite matter of recent occurrence;
(b) The subject-matter of the notice shows prima facie a question of breach of privilege or contempt; and
(c) The matter requires the intervention of the House.
Provided that if the complaint is against a member, the Speaker, before giving his consent and determining its admissibility, shall hear him after giving an opportunity to inspect the concerned documents, if any, and if need be, may also hear the complainant.
(2) not more than one question shall be raised at any one sitting.
66. Presentation of complaint – If in the opinion of the Speaker, the notice of breach of privilege or contempt is fit for giving consent and is admissible under these rules, he may refer that matter to the Committee or Privileges for examination, investigation and report and acquaint the House about it. If in the opinion of the Speaker, the notice is in admissible, he shall inform the House about its rejection:
Provided that if the Speaker deems it necessary, he may hear the member concerned and other members before giving his decision.
67. Consideration of question of Breach of Privilege or Contempt by the House – If the Speaker is of opinion that the matter given notice of is such as can be disposed of by the House without being referred to the Committee on Privileges, it will be permissible to move that the question be taken up for consideration forthwith or at some future date:
Provided that if the notice is received by a report from the Secretary or a Committee or by a petition, copies of the report or petition shall, if the Speaker considers it necessary, be printed and distributed amongst the members before the consideration of the matter by the House.
68. Disposal of a complaint before the House – (1) If it is decided to bring a complaint against a member before the House for disposal, the said member shall be given notice and an opportunity to be heard in explanation and exculpation and to inspect and to produce relevant document or documents.
(2) The member complained against shall attend the House on the day to fixed and if he is unable to attend, he shall intimate to the Speaker his reasons for non attendance, and the House, in view of the reasons giving, may postpone the consideration of the matter. If, however the House is of the opinion that there are no valid reasons for absence or the member has willfully absented himself, it may proceed with the consideration of the matter in his absence. In case member is absent and has failed to intimate the reasons for his absence due to unavoidable circumstances, the House may reopen the question at his request.
(3) The member complained against after attending the House, and giving his explanation shall withdraw from the House and shall not enter the House as long as the matter is under consideration of the House. The House may, however, allow him to hear the proceedings or recall him for purposes of giving a further explanation or for tendering an apology.
(4) The procedure provided in this rule shall mutatis mutandis apply to those persons also who are not members.
69. Motion after presentation of the report – After presentation of its report the Chairman of the Committee on Privilege or any member thereof or any member of the House may make a motion that the report of the Committee be taken into consideration forthwith or at some future time within which the report may be printed and copies supplied to members.
70. Substantive motion – When the House agrees to the motion –
(i) that the question of the breach of privilege or contempt, committed in the view of the House, be considered; or
(ii) that the matter be taken up for consideration forthwith under rule 67; or
(iii) that the report of the Committee on Privileges be considered under rule 69 –
any member may move a substantive motion confirming the commission of the breach of privilege or contempt, or the report, as the case may be, and also suggesting the action to be taken by the House thereon, and any other member may move an amendment to the said motion.
71. Opportunity to Person Charged – Except where the breach of privilege or contempt has been committed in the view of the House the House shall before passing any sentence give an opportunity to the person charged to be heard in explanation or exculpation of the offence against him:
Provided that if the matter has been referred to the Committee on Privileges and the person charged has been heard before the Committee, it shall not be necessary for the House to give him that opportunity unless the House directs otherwise.
72. Summoning the Party Charged – The Speaker may summon the person charged by notice or warrant of arrest to appear before the House at any stage of the proceedings.
73. Punishment – (1) The House, on its own or on the recommendation of the Committee on Privileges may inflict the following punishments –
- admonition;
- reprimand;
- suspension of member;
- fine;
- expulsion of member;
- imprisonment, the term whereof is at the pleasure of the House but cannot extend beyond progation or dissolution; and
- any other punishment which the House may deem proper and fit subject to the provisions of article 194.
(2) The member suspended from the service of the House shall stand debarred from entering into the precincts of the House and from taking part in the proceedings of the House and the committees, but the Speaker may, on a request being made to that effect, allow a suspended member to enter into the precincts of the House for any particular purpose.
(3) The House may, on a motion being made, order that any punishment of suspension or the unfinished part thereof may be recinded.
74. Groundless Complaint – In case the House finds a charge of breach of Privilege or contempt groundless, it may order the payment by the complaint of an amount not exceeding Rs. 500 as costs to the party charged.
75. Execution of orders of the House – The Speaker or many other person authorized by him in this behalf shall have the power to execute all the orders passed and sentences inflicted by the House.
76. Brevity of Debate – The debate at all stages on questions involving breach of privilege or contempt shall be brief.
77. Regulation of Procedure – The Speaker may issue such directions as may be necessary for regulating the procedure in matters connected with the consideration of the question of Privilege or contempt either in the Committee or in the House.
78. Power of the Speaker to refer Question of privilege or Contempt to Committee - Notwithstanding anything contained in these rules the Speaker may refer any question of privilege or contempt to the Committee on privilege for examination, investigation or report, and acquaint the House about it.
79. Procedure on question of Breach of Privilege or Contempt of a House by a Member, Officer or Servant of any other House – If a member, officer or servant of the other House or any other Legislature in India is involved in a case of contempt or an alleged breach of privilege of this House, the Speaker shall refer the matter to the Presiding Officer of that House, unless on bearing the member who raised the question or pursuing any document, where the complaint is based on document, the Speaker is satisfied that no breach of privilege has been committed or the matter is too trivial to be taken notice of , in which case he may disallow the motion for breach of privilege. When a case of contempt or an alleged breach of privilege of the other House or any other Legislature in India, in which a member, officer or servant of this House is involved, is referred to the House by the Presiding Officer of the House of which contempt has been committed, the Speaker shall deal with that matter in the same way as if it were a case of breach of privilege of this House and communicate to the Presiding Officer who made the reference, a report about the inquiry and the action taken on the reference received.
INTIMATION TO SPEAKER OF ARREST, DETENTION ETC.AND RELEASE OF A MEMNER
80. Intimation to Speaker by Magistrate of arrest, detention etc., of member – When a member is arrested on a criminal charge or for a criminal offence or is sentenced to imprisonment by a court or is detained under an executive order, the judge, magistrate or executive authority, as the case may be, shall immediately intimate such fact to the Speaker indicating the reason for the arrest, detention or conviction, as the case may be and also the place of detention or imprisonment of the member, in the appropriate form set out in the First Schedule.
81. Intimation to Speaker on release of a member – When a member is arrested and after conviction released on bail pending an appeal or is otherwise released, such fact shall also be intimated to the Speaker by the Authority concerned in the appropriate form set out in the First Schedule."
82. Treatment of communications received from Magistrate – As soon as may be, the Speaker shall, after he has received a communication referred to in rule 80 or rule 81 which may also be sent by wireless message, teleprinter or telegram, read it out in the House if it is sitting, or if the House is not sitting, direct that the members be informed of the same:
Provided that if the intimation of the release of a member either on bail or otherwise is received before the House has been informed of the original imprisonment, the fact of his arrest or imprisonment and his subsequent release may, in the discretion of the Speaker, not be intimated to the House by him.
PROCEDURE REGARDING SERVICE OF A LEGAL PROCESS AND ARREST WITHIN THE PRECINCTS OF THE HOUSE.
83. Arrest within the precincts of the House – No arrest shall be made within the precincts of the House without obtaining the permission of the Speaker.
84. Service of legal process – A legal process, civil or criminal shall not be served within the precincts of the House without obtaining the permission of the Speaker.
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