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Polity & Governance
Mahesh

06/07/24 11:47 AM IST

The House Rules governing the expunction powers of Rajya Sabha Chairman, Lok Sabha Speaker

In News
  • The practice of expunging remarks is a standard parliamentary procedure, but the ‘selective expunction’ by the presiding officers has become a flashpoint between the Opposition and the Centre.
  • During the Budget Session earlier this year, the presiding officers had similarly expunged remarks made by the two Congress leaders.
Expunged from Parliamentary records
  • Parliament maintains a verbatim record of everything that is spoken and takes place during proceedings.
  • While Article 105 of the Constitution confers certain privileges and freedom of speech in Parliament on MPs, it is subject to other provisions of the Constitution and the rules of the House.
  • On the orders of the presiding officer, that is, the Chairman in the Upper House and the Speaker in the Lower House, words, phrases and expressions which are deemed “defamatory, indecent, unparliamentary or undignified” are deleted or expunged from records.
  • For this purpose, the Lok Sabha Secretariat maintains a comprehensive list of ‘unparliamentary’ words and expressions.
  • The rules of parliamentary etiquette, which are laid out to ensure discipline and decorum in the Rajya Sabha, say, “Words containing insinuations and offensive and unparliamentary expressions should be scrupulously avoided.
  • When the Chair holds that a particular word or expression is unparliamentary, it should be immediately withdrawn without any attempt to raise any debate over it.
  • Words or expressions held to be unparliamentary and ordered to be expunged by the Chair are omitted from the printed debates.”
  • There have been recorded instances where the scope of expunction has been broadened.
  • The Speaker, at their discretion, has ordered the expunction of words deemed prejudicial to national interest or detrimental to maintaining friendly relations with a foreign State, derogatory to dignitaries, likely to offend national sentiments or affect the religious susceptibilities of a section of the community, likely to discredit the Army, and not in good taste or otherwise objectionable or likely to bring the House into ridicule or lower the dignity of the Chair, the House or the members.
Remark is against a minister
  • If an MP makes an allegation against their colleague or an outsider, Rule 353 of the Lok Sabha outlines the procedural framework to be followed.
  • “The Rule does not prohibit the making of any allegation.
  • The only requirement is advance notice, on receipt of which the Minister concerned will conduct an inquiry into the allegation and come up with the facts when the MP makes the allegation in the House.
  • If the allegation is neither defamatory nor incriminatory, the above rule would not apply.
  • The rule does not obviously apply to an allegation against a Minister in the government. Since the Council of Ministers is accountable to Parliament, the Members of the House have the right to question Ministers and make imputations against their conduct as Ministers.
  • All that is a part of their duty to ensure the government’s accountability to Parliament.
About Rules
  • The Chairman and Speaker are vested with the power to order the expunction of remarks under Rule 261, and Rule 380 and 381 of the Rules of Procedure of the Rajya Sabha and Lok Sabha, respectively.
  • Rule 261 states, “If the Chairman is of opinion that a word or words have or have been used in debate which is or are defamatory or indecent or unparliamentary or undignified, he may in his discretion, order that such word or words be expunged from the proceedings of the Council.
  • The Lower House has a similar provision. Rule 380 says, “If the Speaker is of the opinion that words have been used in debate which are defamatory or indecent or unparliamentary or undignified, the Speaker may, while exercising discretion, order that such words be expunged from the proceedings of the House.”
  • The expunged portions are marked by asterisks with an explanatory footnote stating ‘expunged as ordered by the Chair.’ If the Chair directs that nothing will go on record during a member’s speech or interruption, footnote ‘not recorded’ is inserted.
  • A comprehensive list of words and phrases is circulated to media outlets at the end of the day’s proceedings. Once expunged, these words or phrases cease to exist on the official record.
  • Anyone who publishes them thereafter is liable to face charges for breach of privilege of the House. 
Source- The Hindu

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