Context: Recently, a motion for breach of privilege was moved in the Maharashtra Assembly against a journalist.
What is legislature privilege?

• It refers to the right and immunity enjoyed by legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties.

Which provisions of the Constitution protect the privileges of the legislature?

• Article 105 of the Constitution: The powers, privileges and immunities of either House of the Indian Parliament and of its Members and committees are laid down in Article 105.
• Article 194 deals with the powers, privileges and immunities of the State Legislatures, their Members and their committees.

What constitutes a breach of this privilege?

• While the Constitution has accorded special privileges and powers to parliamentarians and legislators to maintain the dignity and authority of the Houses, these powers and privileges are not codified.
• Thus, there are no clear, notified rules to decide what constitutes a breach of privilege, and the punishment it attracts.

These are treated as breach of privilege

• It is a breach of privilege and contempt of the House to make speeches or to print or publish libel reflecting on the character or proceedings of the House, or its Committees, or on any member of the House for or relating to his character or conduct as a legislator.

Any act that

• Obstructs or impedes either House of the state legislature in performing its functions, or
• Which obstructs or impedes any Member or officer of such House in the discharge of his duty, or
• Has a tendency, directly or indirectly, to produce such results is treated as breach of privilege.

What is the procedure to be followed in the legislature’s privilege?

• If the privilege and contempt are found prima facie, then the Speaker or Chairman will forward it to the Privileges Committee by following the due procedure.
• The Legislative Assembly Speaker or Legislative Council Chairman constitutes a Privileges Committee consisting of 15 members in the Assembly and 11 members in the Council.
• The members to the committee are nominated based on the party strength in the Houses.

What is the punishment?

• If the Committee finds the offender guilty of breach of privilege and contempt, it can recommend the punishment which can include:
• Communicating the displeasure of the state legislature to the offender,
• Summoning the offender before the House and giving a warning, and
• Even sending the offender to jail.