TAG: GS 2: POLITY
THE CONTEXT: The first special session of the 18th Lok Sabha witnessed contentious expunctions, with the Rajya Sabha Chairman and Lok Sabha Speaker expunging critical remarks made by opposition leaders against the Prime Minister and the ruling party. This selective expunction has become a flashpoint, with allegations of double standards.
EXPLANATION:
- The process of expunging remarks from parliamentary records is a standard parliamentary procedure aimed at maintaining decorum and discipline within the Houses of Parliament.
Expunction in Parliamentary Records
- Parliament keeps a verbatim record of all proceedings.
- While MPs enjoy certain privileges under Article 105 of the Constitution, their freedom of speech is not absolute and is subject to the Constitution and House rules.
- Presiding officers, namely the Chairman in the Rajya Sabha and the Speaker in the Lok Sabha, have the authority to order the expunction of words, phrases, or expressions deemed “defamatory, indecent, unparliamentary, or undignified.”
Rules Governing Expunction
- Rule 261 (Rajya Sabha):
- The Chairman can order the expunction of any words used in debate that are considered defamatory, indecent, unparliamentary, or undignified.
- Rules 380 and 381 (Lok Sabha):
- The Speaker can similarly order the expunction of words deemed inappropriate.
- Expunged portions are marked by asterisks with explanatory footnotes, indicating they were expunged as ordered by the Chair.
Criteria for Expunction
- Unparliamentary Words:
- The Lok Sabha Secretariat maintains a comprehensive list of unparliamentary words and expressions.
- Offensive Remarks:
- Words containing insinuations, offensive or derogatory remarks, or those prejudicial to national interest or foreign relations can be expunged.
- Disruptive Behavior:
- Continuous interruptions or irrelevant remarks can also be ordered for expunction.
Historical Precedents
- There have been instances where the scope of expunction has been broadened.
- Prime Minister Jawaharlal Nehru once objected to a member’s language referring to the President of Pakistan, leading to the expunction of the remarks.
- The Deputy Chairman upheld that it was improper to refer to the head of a neighboring state in such terms.
Procedure for Allegations
- Rule 353 (Lok Sabha):
- Outlines the framework for making allegations against colleagues or outsiders.
- Advance notice must be given, allowing the concerned Minister to inquire and respond to the allegations.
- Ministerial Accountability:
- Members can make imputations against Ministers as part of their duty to ensure governmental accountability to Parliament.
Relevance in the Digital Age
- The practice of expunction is being questioned in the digital era.
- Despite official records being expunged, live telecasts and social media ensure that the expunged content remains accessible, challenging the effectiveness of this practice.