“Breach of privilege” and “contempt of the house” are two distinct but related concepts in the context of the Indian Parliament. They both deal with actions that undermine the authority and dignity of the Parliament or its members.
Breach of Privilege:
- Meaning:
- Breach of Privilege: It refers to any act or conduct that obstructs or impedes the functioning of the Parliament or obstructs its members in the discharge of their duties.
- Nature: Breach of privilege can occur through actions that violate the rights, immunities, and facilities afforded to Members of Parliament collectively and individually.
- Examples of Breach of Privilege:
- Obstructing Members: Preventing Members from entering or leaving the Parliament premises.
- Tampering with Documents: Altering or tampering with official documents or records related to parliamentary proceedings.
- Misleading Parliament: Providing false information or deliberately misleading the Parliament.
- Procedure for Dealing with Breach of Privilege:
- Reference to Committee: Allegations of breach of privilege are usually referred to the Committee of Privileges, which is a parliamentary committee.
- Examination and Report: The committee examines the matter, hears the concerned parties, and submits a report with recommendations to the Parliament.
- Action by Parliament: Based on the committee’s report, the Parliament can take appropriate actions, which may include admonishment, apology, or other measures.
Contempt of the House:
- Meaning:
- Contempt of the House: It refers to any act or conduct that shows disrespect or disregard for the authority, dignity, or proceedings of the Parliament.
- Nature: Contempt of the House is an offense against the Parliament as a whole, and it can occur through actions that undermine the institution’s integrity.
- Examples of Contempt of the House:
- Disobeying Orders: Refusing to comply with the orders of the Parliament or its presiding officer.
- Assaulting Members: Physically assaulting or threatening Members of Parliament within the precincts of the Parliament.
- Publishing False Reports: Publishing false or misleading reports about the proceedings of the Parliament.
- Procedure for Dealing with Contempt of the House:
- Reference to Committee: Similar to breach of privilege, cases of contempt of the house are usually referred to the Committee of Privileges.
- Examination and Report: The committee investigates the matter, hears the concerned parties, and submits a report with recommendations to the Parliament.
- Action by Parliament: The Parliament, based on the committee’s report, can take action, which may include reprimand, censure, or other appropriate measures.
Distinction between Breach of Privilege and Contempt of the House:
- Scope:
- Breach of Privilege: Primarily concerns the violation of rights, immunities, and facilities of Members of Parliament.
- Contempt of the House: Encompasses actions that show disrespect for the authority and dignity of the Parliament as an institution.
- Nature of Offense:
- Breach of Privilege: Involves acts that obstruct or impede the functioning of the Parliament or its members.
- Contempt of the House: Involves acts that undermine the integrity and respect of the Parliament.
- Adjudication:
- Breach of Privilege: Handled by the Committee of Privileges, which examines the matter and submits a report to the Parliament.
- Contempt of the House: Also dealt with by the Committee of Privileges, following a similar procedure.
Both breach of privilege and contempt of the house are serious matters that require careful consideration and investigation. The parliamentary committees play a crucial role in examining these allegations and ensuring that appropriate actions are taken to uphold the dignity and functioning of the Parliament.
