Congress Moves Privilege Notice Against Prime Minister Over Speech
Source:Indian Express ↗
Why It Matters
The event highlights the practical application and constitutional boundaries of parliamentary privileges (Article 105) and the stringent requirements for amending the Constitution (Article 368). It is crucial for UPSC aspirants to understand what constitutes a 'breach of privilege' and 'contempt of the House', as well as the procedural hurdles involved in passing constitutional amendments.
Summary
The Congress party has initiated a privilege notice against Prime Minister Narendra Modi, accusing him of breaching parliamentary privileges protected under Article 105 of the Constitution. The controversy stems from a televised address in which the PM sharply criticized opposition MPs for voting against the Constitution (131st Amendment) Bill, 2026, which consequently failed to achieve the special majority required under Article 368. Congress asserts that attributing motives to the voting behavior of elected representatives undermines their independence, integrity, and the free discharge of their parliamentary duties.
Key Points
- The Congress party has moved a privilege notice against Prime Minister Narendra Modi over his televised address to the nation following the defeat of the Constitution (131st Amendment) Bill, 2026 in the Lok Sabha.
- The bill failed to secure the required two-thirds special majority as mandated by Article 368 of the Constitution.
- Congress MP KC Venugopal alleged that the PM committed a serious breach of privilege and contempt of the House by criticizing the opposition's voting pattern and attributing motives to their conduct.
- The PM used the term 'Bhroon Hatya' (female foeticide) to attack the opposition for blocking the passage of the Bill.
- The notice argues that under Article 105 of the Constitution, MPs are protected from having aspersions cast on their independence and integrity or having motives attributed to their parliamentary duties and voting behavior.
Important Terms
Parliamentary Privileges (Article 105)
Constitutional rights and immunities granted to Members of Parliament (MPs) under Article 105 to ensure they can perform their legislative duties independently, without fear of legal action or external obstruction.
UPSC context
GS Paper II (Polity). Tests understanding of legislative independence, separation of powers, and the specific constitutional protections afforded to lawmakers.
Article 368
The constitutional provision outlining the procedure for amending the Constitution. It requires a 'special majority' for most amendments and occasionally ratification by half of the states for federal matters.
UPSC context
GS Paper II (Polity). Tests knowledge of the amendment process, the 'basic structure' doctrine, and the balance between constitutional rigidity and flexibility.
Privilege Notice
A formal complaint submitted by a legislator (under Rule 222 in Lok Sabha) alleging that a member or an outsider has violated the rights, immunities, or dignity of the House.
UPSC context
GS Paper II (Parliamentary Procedures). Tests knowledge of the mechanisms used to hold members and the executive accountable for contempt of the House.
Special Majority
A voting threshold requiring a majority of the total membership of the House and a two-thirds majority of members present and voting; mandatory for passing Constitutional Amendment Bills.
UPSC context
GS Paper II (Polity). Tests technical understanding of different types of majorities required for various legislative and constitutional actions.
Constitution (131st Amendment) Bill, 2026
A proposed 2026 legislation aimed at expanding the Lok Sabha strength to 850 seats and removing the delimitation freeze to operationalize women's reservation based on updated census data.
UPSC context
GS Paper II (Current Affairs/Polity). Relevant for topics on delimitation, electoral reforms, and the federal implications of seat reallocation.
Breach of Privilege
An act or omission that violates the specific rights and immunities of Parliament or its members, such as casting aspersions on an MP's conduct or voting behavior.
UPSC context
GS Paper II (Polity). Tests the ability to distinguish between political criticism and legal violations of parliamentary dignity.
Prelims Trap
"Article 105 fully codifies all the powers, privileges, and immunities of Parliament and its members."
While Article 105 explicitly mentions free speech and voting immunity, the broader privileges remain uncodified and are drawn from the UK House of Commons conventions as they existed in 1950.
Static Concepts Connected
What is the difference between Breach of Privilege and Contempt of the House?
- Breach of Privilege: Strictly refers to the violation of specific, defined rights and immunities enjoyed by MPs or the House collectively.
- Contempt of House: A broader concept covering any act or omission that obstructs the House, its members, or its officers in performing their functions, even if no specific privilege is breached.
How is the Committee of Privileges constituted and mandated?
- Composition: It consists of 15 members in the Lok Sabha (nominated by the Speaker) and 10 members in the Rajya Sabha (nominated by the Chairman).
- Mandate and Function: It acts as a quasi-judicial body to investigate cases of breach of privilege referred to it by the Presiding Officer and recommends appropriate punitive or corrective action.
Cross-Topic Patterns
Article 105 vs. Article 19(1)(a)
The Supreme Court's rulings in the Searchlight and Raja Ram Pal cases established the complex hierarchy and interaction between uncodified parliamentary privileges and a citizen's fundamental right to free speech.
Tenth Schedule vs. Voting Independence
While Article 105(2) guarantees absolute immunity from courts for voting in the House, the Tenth Schedule enforces strict party discipline, creating a paradox in the voting independence of MPs.
Expect a 2026 prelims question merging the Privileges Committee's composition with the exact scope of Article 105(2) voting immunity.
Linked PYQs · 4
Linked PYQs · 4
- 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 ?
- 2019MainsGS2
“Parliament's power to amend the Constitution is a limited power and it cannot be enlarged into absolute power." In the light of this statement explain whether Parliament under Article 368 of the Constitution can destroy the Basic Structure of the Constitution by expanding its amending power?
- 2024PrelimsGS1
As per Article 368 of the Constitution of India, the Parliament may amend any provision of the Constitution by way of : 1. Addition 2. Variation 3. Repeal Select the correct answer using the code given below:
- 2022PrelimsGS1
Consider the following statements: 1. A bill amending the Constitution requires a prior recommendation of the President of India. 2. When a Constitution Amendment Bill is presented to the President of India, it is obligatory for the President of India to give his/her assent. 3. A Constitution Amendment Bill must be passed by both the Lok Sabha and the Rajya Sabha by a special majority and there is no provision for joint sitting. Which of the statements given above are correct?
