PROCEDURE WHEN A BREACH OF PRIVILEGE IS COMMITTED BY
A MEMBER OF THE OTHER HOUSE
In 1954 the Committees of Privileges of Lok
Sabha and Rajya Sabha examined the procedure which should be followed in cases
where a breach of privilege or contempt of the House was alleged to have been
committed by a member of the other House. The Committees after considering all
aspects of the matter at their joint sittings outlined the following procedure
in such cases:-
(i) When a question of breach of privilege is raised in
any House in which a member officer or servant of the other House is involved,
the Presiding Officer shall refer the case to the Presiding Officer of the
other House, unless on hearing the member who raises the question or persuing
any document where the complaint is based on a document he is satisfied that no
breach of privilege has been committed or the matter is too trivial to be taken
notice of, in which case he may disallow the motion for breach of privilege.
(ii) Upon the case being so referred, the Presiding Officer of the
other House shall deal with the matter in the same way as if it were a case of
breach of privilege of that House or of a member thereof.
(iii) The Presiding Officer shall thereafter communicate to the
Presiding Officer of the House where the question of privilege was originally
raised a report about the enquiry, if any and the action taken on the
reference.The Committee further observed that if the offending member, officer
or servant tenders an apology to the Presiding Officer of the House in which
the question of privilege is raised or the Presiding Officer of the other House
to which the reference is made, no further action in the matter may be taken
after such apology is tendered.
(iv) to prohibit the publication
of its debates and proceedings;
(v) to exclude strangers from the House.
