Constitutional expert and former Secretary General of Lok Sabha Subhash Kashyap, speaking to Business Standard, said, "Privilege laws are being grossly misused nowadays. There are umpteen cases when members of Parliament/Assembly feel they have not been shown adequate respect, but breach of privilege can only be invoked if he is obstructed in the discharge of his duty. Members have started considering themselves to be a privileged class; that is wrong. For example, on the issue of toll tax, it does not constitute privilege to be exempt from toll tax."
What is breach of privilege and when can it be invoked ?
A Member of Parliament or Assembly enjoys complete freedom of expression in the House and in the committees of the House according to Article 105 of the Constitution. A case of breach of privilege is made out when anyone tries to obstruct or hinder the member in conducting his duties when in the House or in the committees. However, when the MP or MLA is part of an unlawful gathering, etc, then he is subject to the laws of the land, like any other citizens.
What is the procedure?
A notice is first issued to the person against whom the breach of privilege is made out, giving him/her an opportunity to be heard. On receiving the response, the authority or Speaker decides whether a case of privilege has at all arisen, If there is at all grounds for privilege being involved then the Speaker can either put it up before the House or send it to the privileges committee. The committee which enjoys quasi judicial powers then discusses and submits a report, which is placed on the floor of the House, to take a decision on it. If the House feels a breach of privilege has been committed, then the House can summon the person and admonish him or, in extreme cases, send him to prison.
