What is Breach of Privilege?
Historical Background
Key Points
12 points- 1.
Members of Parliament and state legislatures have certain privileges to perform their duties effectively. These include freedom of speech in the House and immunity from legal proceedings for what they say or do in the House.
- 2.
The legislature can punish individuals for contempt of the House or breach of privilege. This power is essential to maintain order and decorum.
- 3.
The Speaker or Chairperson of the House usually refers matters of alleged breach of privilege to a Privileges Committee for investigation and report.
- 4.
The Privileges Committee examines the case and makes recommendations to the House, which then decides on the appropriate action.
Visual Insights
Breach of Privilege Mind Map
This mind map outlines the key aspects of breach of privilege, including its definition, constitutional basis, types, and consequences.
Breach of Privilege
- ●Definition
- ●Constitutional Basis
- ●Types of Breach
- ●Consequences
Recent Real-World Examples
2 examplesIllustrated in 2 real-world examples from Feb 2026 to Feb 2026
Kejriwal, Sisodia to Appear Before Assembly Panel on March 6
17 Feb 2026This news highlights how the concept of Breach of Privilege is applied in practice at the state legislative level. The Delhi Assembly case demonstrates that privileges are not just abstract rights but are actively enforced to maintain the integrity of the legislative process. The allegation of a “fake phansi-ghar” challenges the concept by raising questions about whether misleading the House on factual matters constitutes a breach. The non-appearance of the leaders adds another layer, as it can be seen as obstructing the committee's investigation, which is also a breach. This news reveals that the interpretation and application of privileges can be contentious and subject to political considerations. Understanding the concept of Breach of Privilege is crucial for analyzing this news because it helps to assess the legitimacy of the committee's actions, the potential consequences for the leaders involved, and the broader implications for the relationship between the executive and the legislature. It also raises questions about the balance between accountability and the protection of legislative independence.
Source Topic
Kejriwal, Sisodia to Appear Before Assembly Panel on March 6
Polity & GovernanceUPSC Relevance
Frequently Asked Questions
121. What is a breach of privilege and what is its constitutional basis?
A breach of privilege occurs when someone violates the rights and immunities enjoyed by members of Parliament or state legislatures, hindering their ability to perform their duties effectively. The constitutional basis lies in Article 105 for Parliament and Article 194 for state legislatures, which define the powers, privileges, and immunities of the members and the Houses.
Exam Tip
Remember Article 105 and Article 194 are the key constitutional articles related to breach of privilege.
2. What are the key provisions related to breach of privilege?
The key provisions include:
- •Members have freedom of speech in the House and immunity from legal proceedings for their statements or actions within the House.
- •The legislature can punish individuals for contempt of the House or breach of privilege.
