Privilege motion is being filed against India's culture minister over NAM chief's appointment.
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Understanding the 'Privilege Motion' - NMA case 2021
- The story: News came that the Congress’ chief whip in the Rajya Sabha (Jairam Ramesh) sought to move a privilege motion against the Union Culture Minister (G. Kishan Reddy) over the appointment of chairperson of the National Monuments Authority (NMA). The educational and professional background of the current chairperson of NMA (former MP Tarun Vijay) does not meet the requirements of law passed by Parliament in March 2010. [Mr. Reddy took over the Culture portfolio from Prahlad Singh Patel after the Cabinet expansion in July]
- National Monuments Authority (NMA): It was set up under the Ministry of Culture as per the provisions of the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act (AMASR) which was enacted in March, 2010. Several functions were assigned to it for the protection and preservation of monuments and sites through management of the prohibited and regulated areas around the centrally protected monuments.
- The NMA also considers grant of permissions to applicants for construction related activity in the prohibited and regulated areas.
- Qualifications for the Appointment of the Chairman: AMASR Act says that the chairperson of the NMA should have “proven experience and expertise in the field of archaeology, country and town planning, architecture, heritage, conservation architecture or law”.
- The NMA was helmed by Himanshu Prabha Ray and Susmita Pande as its chairperson before Vijay took over.
- Privilege motion: It is concerned with the breach of parliamentary privileges by a minister.
- Parliamentary Privileges are certain rights and immunities enjoyed by members of Parliament, individually and collectively, so that they can “effectively discharge their functions”.
- When any of these rights and immunities are disregarded, the offence is called a breach of privilege and is punishable under 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. Its purpose is to censure the concerned minister.
- 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 and Union ministers. But these 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.
- Specific articles: Article 105 of the Constitution expressly mentions two privileges - freedom of speech in Parliament and right of publication of its proceedings. Apart from these privileges, 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. There is no special law to exhaustively codify all the privileges.
- Privilege Committee: It is a Standing Committee that examines the cases of breach of the privileges of the House and its members and recommends appropriate action. The Lok Sabha committee has 15 members, while the Rajya Sabha committee has 10 members.
- Role of the Speaker/Rajya Sabha (RS) Chairperson: The Speaker/RS chairperson is the first level of scrutiny of a privilege motion, and can decide on the privilege motion himself or herself or refer it to the privileges committee of the Parliament. If the Speaker/Chairperson gives consent under relevant rules, the member concerned is given an opportunity to make a short statement.
- 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.
- These 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.
- EXAM QUESTIONS: (1) What does "privilege" mean in Parliamentary context of India? Explain. (2) What are the reasons an MP would file a privilege motion against the Culture Minister - as Jairam Ramesh did in Nov 2021 - on the NMA issue? Analyse.
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