O Joy's speech in Seminar on "Breach of Privilege and Contempt of the House"

O Joy *

A look inside the Assembly Building at Chingmeirong, Imphal in 2013 :: Pix - Danial Chabungbam

O Joy's speech in one-day seminar on "Breach of Privilege and Contempt of the House" organized by Manipur Legislative Assembly Secretariat at its conference hall on September 6 2017

The origin of the privilege in the country dates back early in the Government of India Acts, 1919 and 1935. With the enforcement of the Constitution of India, the Art. 105 and Art. 194 dealt with the power, privilege and immunities of the Legislature of the Union and the State, the Committees and the members thereof.

The Articles themselves provide for certain privileges, namely, freedom of speech in the legislature, immunity of member from any proceedings in any court in respect of anything said or any vote given by them in the legislature or any committee thereof, and also immunity from liability in respect of publication by or under the authority of the legislature of any report, paper, vote or proceedings.

The Articles also, further, provide that the legislature by law define the powers, privileges and immunities in respect of matter other than those specifically mentioned in the Article, and that until so defined the privileges, etc. would be those of the British House of Commons and of each member and their committees at the date of commencement of the Constitution.

However, to omit whatever references made to the House of Commons these Articles have been amended by the Constitution 44th (Forty-fourth) Amendment Act, 1978. Each House of the Indian Legislatures are, therefore, the sole guardian and authority in respect of the privileges of their own House. The general feature and principle of the concept of the question of Privilege and Contempt of the House are given in brief in the following paragraphs:-

Privilege of the House: In 'Stockdale V. Hansard'Lord Denning observed, – "The proof of this privilege was grounded on three principles – necessity, practice, universal acquiescence".

'Privilege' means a special or exceptional right or freedom or an immunity enjoyed by a particular class of persons or some individuals. It is 'special' in the sense that it is a right or freedom which is not available to the rest of the people. In its legal sense it means an exemption from some duty, burden, attendance or liability to which others are subject. Privilege can also be defined as a right which others do not have. Parliamentary privileges are those special rights belonging to each House of Parliament and State Legislature, its members and committees, without which they cannot perform their functions in the manner they are expected to.

The privileges are granted with a view to maintaining the independence of action and dignity of the position of the House of Parliament and State Legislatures, their committees and member to enable them to function without let or hindrance. The privileges, in practice give rise to certain powers, immunities and exemptions.

Need of Privilege: The House of Legislatures needs privilege of the House to perform the functions entrusted to them by the Constitution without improper restrain from outside, they are conferred by law certain privileges, powers and immunities.

The Constitution of India also has, therefore, conferred powers, privileges and immunities respectively upon each House of Parliament and State Legislatures of India, their members and the committees thereof. Because, the Houses cannot perform its functions without unimpeded use of the service of its members. Thus, privilege plays an important role for dignified and effective constitutional functioning of the House. A motion of a breach of privilege has priority over all other matters except question.

Breach of Privilege: When any individual or authority disregards or disrespects or attack any of the privileges, right and immunities either of the members individually or of the House in its collective capacity or of its committee, the offence is termed breach of privilege and is punishable by the House. Anything that hinders, hampers or obstructs the Houses, Committees and members of Legislatures from discharging their duties and functions efficiently and effectively and without fear and favor will be treated as a breach of privilege.

Some of the more important privileges claimed by the Houses of Parliament and State Legislatures, their Committees and Members thereof as specified in the Constitution, Statues and Rules of Procedure and Conduct of Business in the House known as Main Privileges of Parliament are as follows :-

1) Privilege of Freedom of Speech Immunity from proceeding;
2) Protection of witnesses etc. concerned in proceeding in parliament.
3) Right to exclude strangers;
4) Right to control Publications of Proceedings;
5) Right of the House to be the sole judge of the lawfulness of its own proceedings;
6) Right of the House to punish its Members for their conduct in Parliament;
7) Privilege of Freedom from Arrest or Molestation;
8) Exemption from attending as witnesses in courts.
9) Immunity from service of Legal process and Arrest within the precincts of the House;
10) House to be informed the Arrest, Detention, Conviction and Release of Members;
11) Extension of Privilege of Freedom m from Arrest and Molestation to witness, petitioner etc;
12) Power of the House to punish for breach of Privilege or contempt and commit to custody and prison;
13) Powers for the Execution of Warrants and
14) Protection of Officers Executing order of the House.

Contempt of the House: Contempt of the House may be defined generally as any act or omission which obstructs or impedes the House of Legislature, or its committee or its members, or its officers in the efficient and effective discharge of their functions and duties or which has a tendency, directly or indirectly, to lower the dignity or prestige of the House, its committees or its members.

There is no statuary definition of "Contempt" of House. General principles governing the concept of contempt may, however, be gathered from journals and precedents. They will serve as declarations of the law of the House. May gives a broad definition of Contempt of House as "… any act or omission which obstructs or impedes either House of Parliament in the performance of its functions, or which obstructs or impedes any member or officer of such House in the discharge of his duty, or which has a tendency, directly or indirectly, to produce such results may be treated as a contempt even though there is no precedent of the offence".

By long usage, offences in the nature of contempt have been styled "Breaches of Privileges". The later expression strictly should cover violation of or assault on Parliamentary privileges. Indeed a number of contempt cases arise out of disregard of the privileges of members of the House of Legislature, or of the House collectively. Mere encroachments on the rights of the House by obstruction and interference give rise to contempt which is not breach of privileges. So we may state the Breach of Privilege is an important aspect of the generic term "Contempt of House".

'Contempt' is any conduct which is disorderly, contumacious or disrespectful to the house, in the presence of the House or its committee whether indulges by the members, parties' witnesses or strangers will be contempt of House. What is contempt is to be decided by the House. It can deem any act, language, slander or libel to constitute contempt and its judgments is final.

The principle underlying appears to be the same as in the case of contempt of the court of justice. The contempt may lie in any act or omission or any speech or publication impeding or obstructing House or its member in the performance of their function. Actual obstruction is not necessary. A tendency, directly or indirectly, to produce such a result is enough.

The House is the sole judge to determine what a contumacious act is. The power of House to punish for contempt is a general power alike to that by superior courts of law and is not restricted to cases of breach of privilege.

Difference between Privilege and Contempt of the House: The difference between breach of privilege and contempt of the House is very narrow. A breach of privilege may amount to contempt of the House. Likewise, contempt of the House may include a breach of privilege also. Contempt of the House, however, has wider implications. There may be a contempt of the House without specifically committing a breach of privilege.

The word contempt is not amendable to strict delimitation or definition. The sole authority to decide whether a contempt has been committed or not is the concerned House itself. It is not possible to enumerate every act which might constitute a contempt of the House. However, some typical cases of breach of privilege and contempt are described below:

1) Misconduct in presence of the House or committees thereof;
2) Disobedience to orders of the House or its committee;
3) Presenting False, Forged or Fabricated Documents to the House or Committees;
4) Tempering with Documents presented to the House or its Committees;
5) Speeches or Writing Reflecting on the House, its Committees or Members;
6) Publication of False or Distorted Report of Debates;
7) Publication of Expunged proceeding;
8) Publication of proceedings of secret sessions;
9) Premature Publication of Proceedings, Evidence or Report of a Parliamentary Committee of the House;
10) Reflection on the Report of the Parliamentary Committee. Circulation of Petitions before presentation;
11) Premature Publication of various other matters connected with the business of the House;
12) Obstructing Members in the discharge of their duties;
13) Attempts by improper means to influence members in their parliamentary conduct;
14) Intimation of Members;
15) Obstructing Officers of the House;
16) Refusal of Civil Officers of the Government to assist Officers of House when called upon to do so;
17) Molestation of Officers of the House;
18) Obstructions and Molestation of witnesses and
19) Tempering with witnesses.

Power of the House: The power possessed by each House of Parliament and a House of the Legislature of a State to punish for contempt or breach of privilege is a general power of committing for contempt and is in its nature discretionary. The House is, therefore, the guardian of its own privileges and it is also the sole judge of any matter relating to the breach of privileges and contempt of the House.

This power of the House to punish the person for breach of privilege or contempt is the 'keystone' of parliamentary privilege. Such powers of the House gives reality to the privilege of the House and it emphasizes its sovereign character so far as the protection of its right and the maintenance of dignity are concerned. V.J. Patel (Speaker, 1925) once said, "…………………. He was sure that the House generally would recognize the importance of protecting the honor and privilege of the Legislature".