Context: Recently, both Houses of the Maharashtra State Legislature have passed proposals stating that they will not take cognizance of or reply to any notice sent by the High Court (HC) or the Supreme Court (SC) in the Breach of Privilege Motion against a TV editor and anchor.
Why resolution was passed by Maharashtra Legislative Assembly (LA)?

• Both the proposals of LA stated that replying to such notices could mean accepting that the judiciary can keep a check on the legislature and would be “inconsistent with the basic structure of the Constitution”

About Privilege Motion

• It is concerned with the breach of parliamentary privileges by a minister.

Breach of Privileges

• Parliamentary Privileges are certain rights and immunities enjoyed by members of Parliament, individually and collectively, so that they can “effectively discharge their functions”.
• When any of these rights and immunities are disregarded, the offence is called a breach of privilege and is punishable under law of Parliament.
• A notice is moved in the form of a motion by any member of either House against those being held guilty of breach of privilege.

Role of the Speaker/Chair

• The Speaker/Chair is the first level of scrutiny of a privilege motion.
• The Speaker/Chair can decide on the privilege motion himself or herself or refer it to the privileges committee of Parliament. If the Speaker/Chair gives consent under relevant rules, the member concerned is given an opportunity to make a short statement.

Rules Governing Privilege

• Rule 222 in Chapter 20 of the Lok Sabha Rule Book and correspondingly Rule 187 in Chapter 16 of the Rajya Sabha Rule Book governs privilege.
• Rules say that a member may, with the consent of the Speaker or the Chairperson, raise a question involving a breach of privilege either of a member or of the House or a committee thereof.

Article related to powers and privileges of legislature

• Article 194:There shall be freedom of speech in the Legislatureof every State and no member of the Legislature of a State shall be liable to any proceedings in any court in respect of anything saidor any vote given by him in the Legislature or any committee.

Doctrine of separation of power

• Doctrine of separation of power is a part of the basic structure of the Indian Constitution.
• Constitutiondoes not explicitly mention about the doctrine of separation of power.
• It implies that the three pillars of democracy, namely the executive, judiciary and legislature, perform separate functions and act as separate entities.
• One of the feature of the doctrine is that one arm of the state should not interfere in the functioning of the other organs or exercise a function of another organ.

Articles related to the separation of power

• Article 50: State shall take steps to ensure separation of judiciary from the executive. It will ensure independence of judiciary.
• Article 122 and 212: Proceedingsin the parliament and legislature can’t be called into question by any court. It will ensure immunity of legislature from the judicial intervention.
• Article 121 and 211: Judicial conduct of the Supreme Court and High Court can’t be discussed in the parliament or state legislature.
• Article 53 and 154: It provides immunity to the president and the governor from civil and criminal liability. It also stated that the executive power of state and centre should vested with the governor and the president respectively.
• Article 361: The president and the governor should not be answerable to any court for exercise and performance of the powers and duties of his office.