What Happened
- Lok Sabha Speaker Om Birla constituted the Committee of Privileges of the 18th Lok Sabha, nominating BJP leader and former Union Law Minister Ravi Shankar Prasad as its Chairperson.
- The Committee has 15 members drawn from multiple parties including Congress, DMK, TMC, and Shiv Sena — though Congress MP Manickam Tagore will not participate following his suspension for disorderly conduct during the Budget Session.
- This is the first time the Privileges Committee has been formed for the 18th Lok Sabha, which was constituted in June 2024.
- The Committee will examine all cases referred to it by the Speaker involving alleged breaches of the privileges of the House or its members, and submit recommendations for appropriate action.
- Ravi Shankar Prasad, a senior advocate and former Minister of Law, Electronics, and IT, is regarded as a legally credentialed appointment appropriate to a quasi-judicial committee function.
Static Topic Bridges
Parliamentary Privileges — Article 105 of the Constitution
Article 105 of the Constitution of India defines the powers, privileges, and immunities of the Houses of Parliament and their members. Under Article 105(1), every member has freedom of speech in Parliament, subject to constitutional provisions and parliamentary rules. Article 105(2) provides that no MP shall be liable to any proceedings in any court for anything said or any vote cast in Parliament or its committees — this is the core of parliamentary immunity from judicial review of legislative conduct. Article 105(3) provides that until Parliament codifies its privileges by law, the privileges existing at the commencement of the Constitution (as amended by the 44th Amendment, 1978) continue to apply, largely based on the pre-1978 practice corresponding to those of the House of Commons of the United Kingdom.
- Article 105(1): Freedom of speech in Parliament — subject to rules of procedure
- Article 105(2): No court proceedings for anything said or voted in Parliament — absolute immunity for legislative acts
- Article 105(3): Uncodified privileges continue — Parliament has not yet enacted a comprehensive Privileges Act
- Article 194: Corresponding provisions for State Legislatures (MLAs and MLCs)
- 44th Amendment (1978): Replaced reference to the UK House of Commons with "such powers, privileges and immunities as may from time to time be defined by Parliament by law"
- Key privilege cases: MS Manohar v. State of West Bengal (1998); P.V. Narasimha Rao v. State (1998) — Supreme Court on bribery and parliamentary immunity
- Supreme Court in State of Kerala v. K. Ajith (2021): MPs do not enjoy immunity in criminal cases arising outside the Houses
Connection to this news: The Committee of Privileges is the institutional mechanism through which Parliament self-regulates breach of privilege claims — its constitution after a gap reinforces the House's capacity to protect its collective and individual privileges without resort to courts.
Committee of Privileges — Composition, Functions and Powers
The Committee of Privileges is a parliamentary committee constituted by the Speaker under Rule 222 of the Lok Sabha Rules of Procedure. It examines cases referred to it by the Speaker or the House relating to alleged breach of privilege of the House, its committees, or individual members. The Committee functions quasi-judicially: it can summon individuals, seek documents, record depositions, and conduct inquiries before submitting a report with recommendations (including punishments like reprimand, suspension, or expulsion). Unlike most other committees, its proceedings are not subject to ordinary legislative business scheduling — cases referred to it can be examined across sessions.
- Constituted under: Rule 222, Lok Sabha Rules of Procedure
- Composition: 15 members nominated by the Speaker; Chairperson appointed by Speaker
- Powers: Can summon witnesses, inspect documents, examine experts, take evidence
- Recommendations: Reprimand, admonishment, censure, suspension from service, or expulsion from the House
- Previous notable cases: Expulsion of MPs in 2005 for accepting money to raise questions (Cash for Query scandal)
- Referral mechanism: Speaker first examines whether a prima facie case exists; only then refers to Committee
- Rajya Sabha equivalent: Committee of Privileges exists in Rajya Sabha separately under its own Rules of Procedure
Connection to this news: The constitution of the Committee with a legally credentialed Chairperson signals the Speaker's intent to operationalise this oversight mechanism for the 18th Lok Sabha's term, particularly significant given several privilege disputes that arose during preliminary sessions.
Breach of Privilege and Contempt of Parliament
A breach of parliamentary privilege occurs when any action obstructs MPs in discharging their duties, interferes with the functioning of the House, or brings the House into disrepute. Contempt of Parliament is a broader concept — it encompasses any act that, while not technically a breach of a specific privilege, tends to obstruct, impede, or demean Parliament. Common grounds include: obstructing or assaulting an MP, publishing false or scandalous reports of parliamentary proceedings, attempting to improperly influence a member in the exercise of their duties, and disobeying lawful orders of the House. While privilege claims are frequent, formal punishments are rare — the Committee's role is more often deterrent and investigative than penal.
- Privilege and contempt are distinct: contempt is broader (e.g., writing a scurrilous article about Parliament can be contempt even if no specific privilege is breached)
- Parliament has not enacted a codified Privileges Act — privileges remain judge-made and customary
- Law Commission 222nd Report (2015): Recommended codifying parliamentary privileges to reduce arbitrary use
- Second ARC (2nd Administrative Reforms Commission): Recommended limiting privileges to the functional minimum needed for legislative work
- Press freedom angle: Journalists and media houses can be summoned for contempt — a recurring tension with freedom of the press under Article 19(1)(a)
- Privilege motion: A member raises it; the Speaker decides whether to admit it; if admitted, it may go to the Committee or be debated in the House
Connection to this news: The formal constitution of the Committee provides the 18th Lok Sabha with its principal institutional tool for handling privilege disputes — a function that had been effectively dormant pending the Committee's formation.
Key Facts & Data
- Committee: Committee of Privileges, 18th Lok Sabha
- Constituted by: Lok Sabha Speaker Om Birla
- Chairperson: Ravi Shankar Prasad (BJP; former Union Minister of Law & Justice, Electronics & IT)
- Total members: 15 (multi-party composition)
- Date: March 3, 2026
- Governing rule: Rule 222, Rules of Procedure and Conduct of Business in Lok Sabha
- Constitutional basis: Article 105 (Parliament) and Article 194 (State Legislatures) — powers, privileges, immunities
- Article 105(2): No court proceedings for anything said or voted in Parliament — core immunity
- 44th Constitutional Amendment (1978): Modified Article 105(3) to replace UK House of Commons reference
- Rajya Sabha parallel: Has its own Committee of Privileges (separately constituted)
- Last significant exercise: Cash-for-query scandal (2005) — MPs expelled after accepting money to raise questions
- Parliament has not yet codified privileges by legislation — relies on uncodified custom and practice