Rahul Gandhi, a Congress member, has faced increased pressure from the Bharatiya Janta Party (BJP) to retract his comments about Indian democracy made in the UK. The party has recently sought the Wayanad MP’s suspension from the Lok Sabha saying the matter is ‘beyond privilege’.
“Everyone is interested in matters of national importance. What is occurring to the leadership of the Congress is unimportant to us. But we cannot remain silent if he insults the people, the Union law minister Kiren Rijiju previously said.
Similarly, Union minister Nishikant Dubey wrote to Lok Sabha Speaker Om Birla under Rule 223 of Rules of Proceduce and Conduct of Business in Lok Sabha and demanded special parliamentary committee to look into Gandhi’s ‘contemptuous’ remarks and consider expelling him from the House.
A discussion of (parliamentary) privilege is covered in Rule 223. Before the Privileges Committee, Dubey claimed that the Congress MP had broken three privileges while speaking at the motion of thanks for the President’s address.
Parliamentary privileges are a collection of unique rights, exemptions, and immunities that are granted to both Houses of Parliament, committees, and their members under Article 105 of the Indian Constitution. Parliamentarians are protected by this clause from civil liability for any statements they make or actions they take while in office that are not criminal in character.
The freedom of speech in Parliament, the right to be unarrested, the right to prevent the publication of proceedings, and the right to exclude strangers are the four main rights enjoyed by lawmakers. (who are not members of the House).
If a member of parliament is found to have violated a privilege, the penalty can range from a warning to imprisonment, based on how serious the violation was.
A member may ask a question in the Parliament regarding a breach of privilege by a member or a committee with the Speaker’s permission (per Rule 222). After considering the situation, the Speaker may send it to the Speaker-appointed Committee of Privileges for additional research and a report.
Subramaniam Swamy, a former member of the Rajya Sabha, was removed from the House in 1976 as a result of comments he made about India in the UK, US, and Canada.
Rahul Gandhi was accused of violating Rule 352 by criticizing Prime Minister Narendra Modi in the Parliament without warning, according to Union minister Dubey. Rahul Gandhi was accused of “lying” in London, “insulting” the nation, and “giving more fodder to the anti-India forces,” according to Union Minister Rijiju. The Indian Penal Code (IPC), which describes sedition in Section 124 A, may apply to these allegations.
