What is privilege Motion – Indian Parliament

Recently, we saw Lok Sabha members move two different motions precisely the ‘no confidence motion’ and ‘privilege motion’. While we have discussed ‘no confidence motion’ in the earlier blog already, here’s all about privilege motion in India.

What does Privilege motion mean?
Unlike the no confidence motion, the privilege motion is applicable to both the Rajya-Sabha and the Lok Sabha. As MP’s of the Parliament, the members are granted certain privileges individually as well as collectively so that they can perform their duties properly. But, if any of the member disregards these immunities or rights, the act is known as breach of privilege and is liable to be punished under the same as per the Parliament laws.

When a MP sees a breach of privilege by another member/members, he or she can move the privilege motion against all those accused of the breach. Besides, the Rajya Sabha and the Lok Sabha both have the power to punish any contempt of the parliament other than breach of privilege considered against its dignity or authority.

privilege Motion - Indian Parliament

Rule 187 / 222
The privilege motion has a mention in Chapter 20 of rule 22 for the Lok Sabha and Chapter 16 Rule 187 for the Rajya Sabha. If any member wants to move the privilege motion he or she has to provide a notice to the Speaker before 10 am against any other member, committee or even the house. The first scrutiny level of the privilege motion in the Lok Sabha is through the Speaker and Rajya Sabha through the Chairperson. If the Speaker or Chairperson admits the motion than the accused or concerned is given a chance to explain themselves.

Referring a Motion
After listening to the member the Speaker/Chairperson can refer the motion to the parliamentary committee. It consists of 15 members in equal strength from various political parties. They prepare a report on the same and a debate of one and half hour is allowed on the report prior passing the final orders. The speaker may also suggest that the ordered be tabled and decision or resolution be passed on it in collectively. The procedure remains the same for the Rajya Sabha or the upper house as well. Only that in the Rajya Sabha the committee is made up of only 10 members against 15.

Examples
In the Past, many privilege motions have been passed in the Lok Sabha, but most of them have been rejected and only some have demanded action on the same. One of the most notable cases of the privilege motion was the one that was passed against Indira Gandhi in the year 1978. It was moved in by the then Home Minister Charan Singh. It was based on Justice Shah Commission observations while investigating excesses during Emergency. Even though Indira Gandhi had won the Lok Sabha elections then, was expelled from the house owing to the same. In another case, it was BJP MP Subramanian Swamy who was expelled by the Parliament for giving explosive interviews to foreign publications and thereby disgracing the house.

 

*Source from the Internet

No Confidence Motion in India – All You Need to Know

Recently, the NDA government led by Rahul Gandhi as well as the YSR congress moved no confidence motions against the reigning BJP led government. Well, the results went in favor of the reigning government but for those are not aware of what a non-confidence motion in India means, here’s a sneak peek into the same.

No Confidence Motion - India

No Confidence Motion
As per the Indian constitution, a government can only function if it has majority support of the Lok Sabha members. If there is a non-confidence motion against a reigning party, they have to prove their majority to stay in power, failing which they have to resign. Any member of the Lok Sabha who feels that the reigning party does not possess the support of the majority, can move a non- confidence motion against the ruling party. Reason for moving the motion is not required.

The Procedure of No Confidence Motion
As mentioned before any member of the Lok Sabha can initiate a non-confidence motion. The procedure is specified in the rule 198 of the Rules of Procedure and conduct of the Lok Sabha and involves a written notice of motion to be given to the speaker/ Secretary General of the house before 10 am. The speaker then reads it out to the members. It has to be accepted by a minimum of 50 members of the house. The speaker then specifies a date within a period of 10 days from the acceptance of the motion, for discussion on the same. A time for voting is specified on the last day of the discussion of the motion and the voting procedure is taken up using Division of vote, voice vote or other means. If the specified date is not within 10 days, then the motion is termed as failed and the member who moves the motion is informed about it. Also, if the government in power is not able to prove its majority in the house, the reigning government has to resign. Alternatively, the Prime minister can move the ‘Confidence Motion’ to prove strength in the Lok Sabha as well.

As mentioned earlier, the recent no confidence motion was won by the reigning government with a majority of 325 votes against 126 of NDA. The majority minimum was 226 because 451 MPs were present and the reigning BJP government easily surpassed it with its numbers. This non confidence motion against the Narendra Modi led government has come after 15 long years. The earlier was passed way back in 2003 against the same party’s representative Atal Bihari Vajpayee.

 

*Source from the Internet

Not Mandatory to reveal Fathers Name on the Birth certificate for single Mothers – Madras High court

The Madras high court passed the order against a petition filed by Ms. Mathumitha Ramesh, a mother of a year old child that was conceived through intrauterine fertility treatment. She was a divorcee and conceived using the semen of a donor through artificial insemination process. At the time of issuing the birth certificate the authorities compelled the mother to name the father in the child’s birth certificate.

SINGLE MOTHERS

She even made an application to rectify the birth certificate but that was also rejected by the Chief Health officer of Trichy Municipal Corporation. He was of the opinion that the law of rectification allows only change in the name of the father and not removal of his name altogether.

The advocate fighting her case brought forth the Section 15 act of registration of births and deaths of 1969 and Rule 11 from registration of births and death of 2000, Tamilnadu. This act empowers the birth and death registrar to allow error correction in birth certificates.

The court examined the case and noted that the birth certificate registration form did have space or column for entering the fathers name but nowhere was mentioned, by any act or rules that it was mandatory to do so. The court further conveyed that as the child bearing was done through intrauterine fertility treatment, the donor confidentiality needs to be protected. It ruled that disclosure of the fathers name for child birth registration authorities cannot make it mandatory for mother to disclose the fathers name for registration after child birth. An affidavit stating that the child was born from her womb would be enough a proof.

The authorities ruled the argument in favor or Ms Ramesh and that she need not mention the name of the child.

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Legal Reforms In India Post Nirbhaya Rape

While the statistics of rape cases in India are horrifying, the one case that completely shook the country and made one billion people rise in unison against this heinous crime was the Nirbhaya episode. A rape that left people numb and startled with its severity brought under the scanner not only the state of women safety in the country but even the law system which the people do not fear. Its five years past this incident that sparked off many legal reforms in the country. Here’s a run-down some of the major reformations around the rape crime in country.

Nirbhaya Rape

Criminal law amendment 2013 – This law brought about changes in the way to deal with juvenile offenders and the facility of medico-legal care to be given to victims/ survivors of sexual assaults. The major change was in the rape definition. As per the IPC rape was retained as different offence which not only included vagina penetration but also anus or mouth. Even a penetration without consent to be considered under rape.

Fast Track Courts to deal Rape Cases – A three-member committee was formed in December 2012 for speeding up the trial process through fast-track courts so the victims get the justice that too without undue delay.

Harsher Punishments – Other than the minimum of seven years of prison for rape, separate punishments for repeat offenders were also introduced with the provision of death sentence added to it.

Abolishment of Two Finger Test – The two-finger test which only added to victim shaming further was officially abolished because it never helped in telling anything about the heinous crime and was only to know the history which was of no relevance to the crime.

Marital Rape – The committee also suggested to bring non-consensual martial intercourse within the scope of rape.

Sexual Assault Considerations – The committee also recommended that even non-penetrative offenses be brought under the scanner of sexual assault.

Juvenile Justice Amendment 2015 – The Nirbhaya rape case involved a juvenile/minor as well who walked free post three years of living in the juvenile home. But, this did bring about a change in the law associated with juvenile justice. The main amendment made around it was trying a juvenile in the age bracket of 16-18 years committing heinous crimes like rape, murder, and robbery as an adult. The same would be done based on the judgment of the juvenile board members.

Not only amendment but the government has also been swift in creating awareness programs beginning at the grass-root levels and educate children about sex and literacy programs for women, in order to empower them.

Having said that, Delhi is still under the dark shadow of these crimes but it has definitely paved a way towards improving the state of safety of women and brought forth the fact that the society is determined to take action against such issues.

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