Ravi Shankar Prasad to head LS panel on privileges

Committee of Privileges — Ravi Shankar Prasad Appointment as Chair

UPSC Prelims + Mains Study Note

1. At a Glance

• The Committee of Privileges is a Standing Committee of the Lok Sabha (15 members), constituted by the Speaker, that examines alleged breaches of parliamentary privilege and recommends action. [S1][S2]
• Constitutional basis: Article 105 (Parliament) and Article 194 (State Legislatures) of the Constitution guarantee privileges to legislators; the Committee is the institutional mechanism to enforce them. [S2]
• Why UPSC cares: This topic sits at the intersection of GS-II themes — Parliament's structure/functioning, constitutional provisions, separation of powers, and free speech vis-à-vis legislative immunity.
• The Committee operates as a quasi-judicial body — it can summon individuals, record statements, and recommend punishments including admonition, reprimand, or imprisonment. [S1]

2. Why in the News

• March 4, 2026: Lok Sabha Speaker Om Birla reconstituted the Committee of Privileges, nominating Ravi Shankar Prasad (BJP) as its Chairperson. [S3]
• The reconstituted 15-member panel includes members from BJP, Congress, DMK, Trinamool Congress, Shiv Sena (both factions), and Samajwadi Party, reflecting multi-party composition. [S3]
• Members nominated: Brijmohan Agrawal (BJP), Tariq Anwar (Congress), Manickam Tagore (Congress), T.R. Baalu (DMK), Kalyan Banerjee (TMC), Shrirang Barne (Shiv Sena), Ramvir Singh Bidhuri (BJP), Sangeeta Kumari Singh Deo (BJP), Jagdambika Pal (BJP), Trivendra Singh Rawat (BJP), Arvind Ganpat Sawant (Shiv Sena–UBT), Jagadish Shettar (BJP), Manish Tewari (Congress), Dharmendra Yadav (SP). [S3]

3. Background & Evolution

• Origin: Rooted in British Parliamentary convention; India's parliamentary privilege framework was inherited from the Government of India Act, 1935 and subsequently embedded in the Constitution (1950). [S2]
• Pre-legislation gap: Parliament has never enacted a standalone Privileges Act; in the absence of such legislation, the House continues to be governed by British parliamentary conventions as they existed at the Constitution's commencement. [S2]
• Article 105(3): Powers, privileges, and immunities of Parliament and MPs are to be defined by Parliament by law — but no such comprehensive law has been passed yet. [S2]
• Committee as institution: The Committee of Privileges has existed since the first Lok Sabha (1952); it is reconstituted each Lok Sabha term. [S1]
• Rajya Sabha parallel: Rajya Sabha has a Committee of Privileges with 10 members nominated by the Chairman. [S1]
• Key early case: The Searchlight case (1958) — Supreme Court held that publication of an expunged speech constituted breach of privilege, establishing judicial limits.
• 1978 amendment (44th Constitutional Amendment): Omitted the privileges-of-the-press clause from Art. 105(1) but retained the core framework. [S2]

4. Core Static Facts

Key privileges enjoyed by MPs: - Freedom of speech within Parliament (Art. 105(1)) - Immunity from court proceedings for anything said or voted in Parliament (Art. 105(2)) - Freedom from arrest during session (civil cases) - Exemption from jury/witness duty during session

What constitutes breach of privilege: - Publishing expunged remarks - Casting reflections on MPs/Parliament in media - Obstructing MPs in discharge of duties - Bribery of MPs (Cash-for-Vote) - Misrepresenting Parliamentary proceedings [S2]

5. Multi-Dimensional Analysis

Legal / Constitutional

• Article 105 and 194 provide the constitutional umbrella; sub-clause (3) mandates Parliament to define privileges by law — a legislative gap that persists 75+ years after the Constitution came into force. [S2]
• The Supreme Court has repeatedly grappled with the tension between parliamentary privilege and fundamental rights (especially Art. 19 — freedom of speech of citizens vs. MPs' privilege claims).
• MSM Sharma v. Sri Krishna Sinha (1958): SC upheld parliamentary privilege over press freedom in privilege matters.
• Raja Ram Pal v. Speaker (2007): SC held that it can judicially review expulsion of MPs but cannot interfere in privilege proceedings per se.

Ethical / Governance

• The Committee being the sole arbiter of privilege breaches raises separation-of-powers concerns — the House acts as judge in its own cause. [S2]
• Absence of a codified Privileges Act creates discretion and subjectivity, risking misuse to intimidate critics, journalists, or opposition. [S2]
• Multi-party composition (BJP, Congress, DMK, TMC, SP, Shiv Sena factions) of the reconstituted panel is designed to ensure cross-party legitimacy. [S3]

Administrative

• Cases are referred by the Speaker; the Committee examines, calls witnesses, and submits a report; the House then decides — a three-stage process with no fixed timeline. [S1][S2]
• Backlog of unresolved privilege notices is a persistent issue; many notices are admitted but never reach full inquiry stage.

Historical

• India inherited the "freeze" approach from Section 28, Government of India Act 1935, preserving pre-Constitution British conventions.
• The Cash-for-Query scam (2005) led to expulsion of 11 MPs — examined via privilege proceedings — one of the most consequential uses of the Committee.

Political / Representational

• Appointment of Ravi Shankar Prasad — a senior lawyer, former Law Minister, and former IT/Electronics Minister — signals preference for legal expertise in the Chair of a quasi-judicial body. [S3]
• Inclusion of both Shiv Sena (Shinde) and Shiv Sena–UBT (Thackeray) factions reflects the split-party political reality of 2024 Lok Sabha. [S3]

6. Recent Developments (last 12–18 months)

• March 4, 2026: Speaker Om Birla reconstituted the Lok Sabha Committee of Privileges; Ravi Shankar Prasad (BJP) named Chairperson. [S3]
• 18th Lok Sabha (2024 onwards): Multiple privilege notices have been filed by members across parties on media reporting and executive conduct — the newly constituted Committee is expected to take these up.
• Ongoing legislative gap: As of June 2026, no Parliamentary Privileges Act has been enacted, keeping the framework dependent on convention. [S2]

7. Prelims Hooks

1. The Committee of Privileges of Lok Sabha has 15 members, all nominated by the Speaker. [S1]
2. The Rajya Sabha Committee of Privileges has 10 members, nominated by the Chairman. [S1]
3. Parliamentary privileges for Parliament are provided under Article 105; for State Legislatures under Article 194 of the Constitution. [S2]
4. No standalone Parliamentary Privileges Act exists in India; the House is governed by British conventions as they stood at Constitution commencement. [S2]
5. Article 105(3) mandates Parliament to define privileges by law — this has never been done. [S2]
6. The Committee of Privileges is a Standing Committee (not an ad hoc/select committee). [S1]
7. Cases are referred to the Committee by the Speaker; the Committee does not take up matters suo motu. [S1]
8. The Committee functions as a quasi-judicial body — it can summon members/outsiders and record statements. [S1]
9. Recommended punishments include admonition, reprimand, suspension from House service, or imprisonment. [S1]
10. The Ravi Shankar Prasad Committee was constituted on Tuesday, March 3, 2026 (reported March 4, 2026). [S3]
11. Raja Ram Pal v. Speaker (2007) — Supreme Court held courts can review expulsion of MPs but cannot intervene in internal privilege proceedings.
12. Publishing expunged remarks from Parliamentary proceedings constitutes a breach of privilege. [S2]
13. Freedom from arrest in civil cases during session is a key individual privilege of MPs. [S2]
14. The Cash-for-Query scam (2005) resulted in expulsion of 11 MPs via privilege proceedings — one of the largest such actions in Indian parliamentary history.

8. Mains Relevance

GS Paper: GS-II (Indian Polity & Governance)

Syllabus Heading: Parliament and State Legislatures — Structure, Functioning, Conduct of Business; Powers and Privileges; Issues and Challenges

Plausible Mains Question Stems: 1. "The absence of a codified Parliamentary Privileges Act in India creates more problems than it solves. Critically examine in the context of freedom of the press and democratic accountability." (GS-II, 15 marks) 2. "Examine the composition, functions, and quasi-judicial character of the Lok Sabha Committee of Privileges. How does it balance the need to protect parliamentary dignity with civil liberties of non-members?" (GS-II, 10 marks) 3. "Articles 105 and 194 of the Constitution vest wide privileges in legislators. In light of recent cases, analyse whether parliamentary privilege has become a shield against legitimate public scrutiny." (GS-II, 15 marks)

9. Related Topics to Study Next

10. Common Errors / Trap Areas

1. Confusing Committee strength: Lok Sabha = 15 members; Rajya Sabha = 10 members — not the same.
2. Assuming a Privileges Act exists: No codified law — India still runs on uncodified British conventions. Aspirants frequently assume the opposite.
3. Conflating Article 105 with Article 19: Art. 105 gives MPs freedom of speech inside Parliament; Art. 19 gives citizens freedom of speech outside. They operate in different domains and can conflict.
4. Treating the Committee as ad hoc: It is a Standing Committee, not constituted issue-by-issue.
5. Assuming courts cannot intervene at all: Post Raja Ram Pal (2007), courts can review expulsion of MPs — the bar is high but not absolute. Saying "courts have no jurisdiction whatsoever" is incorrect.

11. Sources

• [S1] Lok Sabha Committee of Privileges — Introduction (17th Lok Sabha) — https://loksabhadocs.nic.in/LSSCOMMITTEE/Privileges/Introduction/Introduction%20Committee%20of%20Privileges%2017%20LS.pdf — (Tier 1)
• [S2] PRS India — Parliamentary Privilege FAQs & Questions of Privilege — https://prsindia.org/theprsblog/parliamentary-privilege-faqs and https://prsindia.org/articles-by-prs-team/questions-of-privilege — (Tier 1/2 adjacent; PRS is whitelisted Tier 1)
• [S3] The Hindu — "Ravi Shankar Prasad to head LS panel on privileges," March 4, 2026 — https://www.thehindu.com/todays-paper/2026-03-04/ (article content as provided) — (Tier 4)
• [S4] Rajya Sabha — Chapter 8: Parliamentary Privileges — https://cms.rajyasabha.nic.in/UploadedFiles/Procedure/RajyaSabhaAtWork/English/244-310/CHAPTER8.pdf — (Tier 1)