privileges' motion of parliamentary member

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A **Privileges Motion** is a parliamentary tool used to address breaches of the privileges enjoyed by members of the legislature or the house as a whole. Parliamentary privileges are special rights, immunities, and exemptions granted to members to enable them to perform their duties effectively and without obstruction. If a member believes that their privileges or those of the house have been violated, they can move a Privileges Motion to bring the matter to the attention of the house.

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### **Key Features of a Privileges Motion:**

1. **Purpose**: To address actions or behavior that undermine the dignity, authority, or freedom of the house or its members.

2. **Breach of Privilege**: A breach occurs when:

   - A member is obstructed in performing their parliamentary duties.

   - The house's authority or dignity is insulted (e.g., through defamation, contempt, or interference).

   - There is disobedience to the rules or orders of the house.

3. **Initiation**: Any member can raise a Privileges Motion if they believe a breach has occurred.

4. **Investigation**: The matter is typically referred to the **Committee of Privileges** for investigation.

5. **Outcome**: If the breach is proven, the house may impose penalties, such as censure, suspension, or even imprisonment.

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### **Process of Raising a Privileges Motion:**

1. **Notice**: A member submits a notice to the Speaker/Chairperson, detailing the alleged breach of privilege.

2. **Speaker's Decision**: The Speaker examines the notice and decides whether it merits consideration as a breach of privilege.

3. **Discussion**: If accepted, the matter is discussed in the house, and the member who raised the motion explains the breach.

4. **Referral to Committee**: The issue is often referred to the Committee of Privileges for a detailed investigation.

5. **Report and Action**: The committee submits its report to the house, which then decides on the appropriate action.

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### **Examples of Breach of Privilege:**

- **Defamation**: A member is falsely accused or defamed in a way that affects their ability to perform their duties.

- **Obstruction**: A member is prevented from attending the house or performing their parliamentary functions.

- **Contempt of the House**: Disrespectful behavior or actions that undermine the authority or dignity of the house (e.g., misleading the house, publishing false reports, or refusing to comply with house orders).

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### **Outcomes of a Privileges Motion:**

- **Censure**: The offending party may be formally reprimanded.

- **Apology**: The offender may be required to apologize to the house.

- **Suspension**: A member may be suspended from the house for a specified period.

- **Imprisonment**: In extreme cases, the house may order imprisonment for contempt.

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### **Example in Practice:**

In the Indian Parliament, a Privileges Motion can be raised if:

- A member is threatened or assaulted for their parliamentary work.

- A media outlet publishes false or defamatory information about a member or the house.

- A government official refuses to provide information required by a parliamentary committee.

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### **Significance:**

The Privileges Motion is a critical mechanism to safeguard the independence and authority of the legislature. It ensures that members can perform their duties without fear of interference or obstruction, maintaining the dignity and integrity of parliamentary democracy.