Lok Sabha Speaker Nominates Members to Privilege Committee
Source:Indian Express ↗
Why It Matters
Parliamentary privileges and the structure of legislative committees form core areas of the UPSC Polity syllabus. Understanding the lack of codification of privileges, the exact composition of panels like the Privilege Committee, and the procedural authority of the Speaker directly equips aspirants for both Prelims MCQs and Mains analytical questions on the functioning of the Parliament.
Summary
Lok Sabha Speaker Om Birla has constituted several parliamentary panels, notably appointing former Union Minister Ravi Shankar Prasad as the chairman of the Privilege Committee. The Committee on Privileges plays a crucial role in safeguarding the institutional autonomy of Parliament and the individual rights of its members, drawing its core powers from Article 105 of the Indian Constitution. Comprising 15 members in the Lok Sabha and 10 in the Rajya Sabha, the committee investigates breaches of parliamentary privilege—an uncodified set of rights and immunities that ensure legislators can function without external hindrance. The reconstitution of the panel underscores ongoing discussions around the codification of privileges and the procedural distinctions between the Privilege and Ethics committees.
Key Points
- Lok Sabha Speaker Om Birla nominated members to the Privilege Committee, appointing BJP MP Ravi Shankar Prasad as its chairperson.
- The Privilege Committee in the Lok Sabha consists of 15 members nominated by the Speaker, while the Rajya Sabha counterpart has 10 members nominated by the Chairman.
- Parliamentary privileges are legal immunities granted to legislators, primarily derived from Article 105 for Parliament and Article 194 for State Legislatures, enabling them to perform duties without fear of obstruction.
- Currently, parliamentary privileges are not fully codified in India; they rely on constitutional provisions, laws, parliamentary conventions, and judicial interpretations.
- While the Ethics Committee oversees moral and ethical misconduct, the Privilege Committee focuses on actions that hinder parliamentary functions or constitute a breach of legislative authority.
Important Terms
Parliamentary Privileges
Special rights and immunities enjoyed by legislators and Houses collectively, ensuring they discharge functions without external hindrance. In India, these remain largely uncodified, drawing from constitutional provisions and conventions.
UPSC context
GS Paper II (Polity). Tests understanding of legislative independence, its uncodified nature, and potential conflicts with Fundamental Rights.
Committee on Privileges
A standing parliamentary committee (15 members in Lok Sabha, 10 in Rajya Sabha) that investigates breaches of privilege and contempt of the House, recommending punitive actions.
UPSC context
GS Paper II (Parliamentary Committees). Important for understanding legislative oversight and the mechanism to protect the House's dignity and authority.
Article 105 of the Constitution
Constitutional provision specifying the powers, privileges, and immunities of Parliament, its members, and committees, notably guaranteeing freedom of speech and immunity from court proceedings regarding legislative acts.
UPSC context
GS Paper II (Polity). A core article for questions on the independence of the national legislature and the limits of judicial review.
Ethics Committee
A parliamentary body that oversees the moral and ethical conduct of members, examining complaints of "unethical conduct" or "misconduct" rather than specific procedural "breaches of privilege."
UPSC context
GS Paper II (Polity). Essential for distinguishing between legal/procedural breaches and behavioral standards in legislative accountability.
Article 194 of the Constitution
The counterpart to Article 105, providing the powers, privileges, and immunities of State Legislatures, their members, and committees at the sub-national level.
UPSC context
GS Paper II (Polity). Relevant for comparative analysis of Central and State legislative powers and the federal structure.
Lok Sabha Speaker
The presiding officer and constitutional head of the Lok Sabha, responsible for nominating parliamentary panels, maintaining order, and acting as the guardian of the House's privileges.
UPSC context
GS Paper II (Parliamentary Procedure). Tests knowledge of the Speaker’s administrative, procedural, and quasi-judicial powers.
Prelims Trap
Parliamentary privileges apply to all integral parts of Parliament, including the President.
While extending to non-members who speak in the House (like the Attorney General), privileges explicitly do not apply to the President.
Static Concepts Connected
How does the Ethics Committee differ from the Privileges Committee?
- Jurisdiction: Ethics strictly monitors the moral and ethical conduct of MPs; Privileges handles breaches hindering parliamentary functions.
- Outsider Applicability: Ethics applies only to MPs. The Privileges Committee can punish even outsiders/non-MPs for contempt of the House.
- Evolution: The Privileges Committee is a longstanding body, whereas the Lok Sabha Ethics Committee only became a permanent standing committee in 2015.
What are the key sources of parliamentary privileges in India?
- Constitutional Provisions: Articles 105 (Parliament) and 194 (State Legislatures) establish freedom of speech and publication immunities.
- Parliamentary Laws: The Constitution allows Parliament to define its privileges by law, but they remain largely uncodified today.
- Conventions & Rules: Rules of both Houses, judicial interpretations, and conventions heavily dictate privilege enforcement.
Cross-Topic Patterns
Privileges vs. Fundamental Rights
Judicial pronouncements (e.g., Searchlight case) frequently test the friction between uncodified parliamentary privileges (Art 105) and citizens' fundamental rights, specifically freedom of speech under Art 19(1)(a).
Attorney General's functional immunities
The Attorney General and Union Ministers can speak in either House without being members. Consequently, they enjoy parliamentary privileges without voting rights—a recurring prelims theme.
A 2026 prelims question contrasting the exact jurisdiction of Ethics vs. Privileges committees over non-MPs is highly probable.
Linked PYQs · 3
Linked PYQs · 3
- 2014MainsGS2
The 'Powers, Privileges and Immunities of Parliament and its Members' as envisaged in Article 105 of the Constitution leave room for a large number of un-codified and un-enumerated privileges to continue. Assess the reasons for the absence of legal codification of the 'parliamentary privileges'. How can this problem be addressed ?
- 2024PrelimsGS1
Which of the following statements about the Ethics Committee in the Lok Sabha are correct? 1. Initially it was an ad-hoc Committee. 2. Only a Member of the Lok Sabha can make a complaint relating to unethical conduct of a member of the Lok Sabha. 3. This Committee cannot take up any matter which is sub-judice. Select the answer using the code given below :
- 2014PrelimsGS1
Which one of the following is the largest Committee of the Parliament?
