[feb]breach of privilege notice against Mahua Moitra

Question 1

why?

Answer 1

for her remarks against a former Chief Justice of India.

(Article 121 of the Constitution does not allow allegations to be levelled against a sitting or former judge).

The question was whether the conduct of a judge can be discussed on the floor of the House or not.

Question 2

when breach of previlege?

Answer 2

• When any person or authority disregards or attacks any of the rights, immunities and privileges, either of the Members individually or of the House in its collective capacity, the offence is called a breach of privileges and is punishable by the House.
• offences against the House’s authority or dignity, such as disobedience to its legitimate orders or libels upon itself, its members or officers, are also punishable as contempt of the House.

Question 3

punishment?

Answer 3

• Admonition or reprimand(Warning)
• Suspension from the House
• Expulsion from the House

Question 4

Which provisions of the Constitution protect the privileges of the legislature?

Answer 4

Article 105 : Parliament

Article 194 : state legislature

Question 5

What is the procedure to be followed in cases of alleged breach of the legislature’s privilege?

Answer 5

• The Legislative Assembly Speaker or Legislative Council Chairman constitutes a Privileges Committee.
• The members to the committee are nominated based on the party strength in the Houses.
• Speaker or Chairman first decides on the motions.
• If the privilege and contempt are found prima facie, then the Speaker or Chairman will forward it to the Privileges Committee by following the due procedure.
• The Committee will examine whether statements made by him had insulted the state legislature and its Members, and whether their image was maligned before the public.
• The Committee, which has quasi-judicial powers, will seek an explanation from all the concerned, will conduct an inquiry and will make a recommendation based on the findings to the state legislature for its consideration.