Breach of Privileges in Maharashtra Legislature

Maharashtra Legislature admitted 88 breach of privilege notices

(Published in The Hitavada on March 23, 2013)

By Kartik Lokhande 

While the latest admission of Breach of Privilege notice against two editors of two television channels has created quite a sensation in the State, it is not new if one refers to the history of Maharashtra Legislature. In fact, in its history since 1960, Maharashtra State Legislature has admitted 88 Breach of Privilege notices till July 2012.

Interestingly, a big number of these admitted cases pertained to criticism in newspapers, publication of expunged remarks, casting aspersions on the Speaker, article containing serious allegations against member of the House, etc. In most cases, the matter was concluded after Editor of respective newspapers tendered apology and, in some cases, published correction. However, in a case related to ‘Aapla Mahanagar’ in which then columnist Nikhil Wagle had allegedly made some objectionable comments, the Legislature ordered imprisonment for four days.

If one considers history of Maharashtra Legislature as a whole (even before formation of Maharashtra state in 1960), one has to go back to 195 when the first notice of Breach of Privilege was entertained. Interestingly, it also was related to criticism in a newspaper. Records reveal that a member Dr Amul Desai had given the notice of breach of privilege on March 9, 1957, in connection with publication of distortion or misrepresentation of facts in Gujarati daily ‘Bharat and Sami Sanj’ published from Surat. Privileges Committee had then decided the case with observation that it was the responsibility of the Editor of a newspaper to verify information supplied regarding a member’s conduct before publishing any criticism based on such information.

Incidentally, the first case of breach of privilege notice against a newspaper in Maharashtra State Legislature (after formation of Maharashtra State) was reported in the year 1960 itself. It pertained to criticism published in ‘Nagpur Times’ casting aspersions on the Speaker for his alleged failure in protecting rights of members against Government. The notice was admitted, and the case was closed when the Editor, Printer, and Publisher of the newspaper expressed regrets. Between 1958 and 2000-01, a total of 367 such notices were given. Of these, only a few were admitted by the Privileges Committee of the State Legislature. Between 1958 and July 2012, a total of 88 notices were admitted by the committee.

Apart from criticism or misrepresentation of facts in newspapers, notices of breach of privileges were given by members regarding announcement of a Government decision outside even before the House was informed, misbehaviour by Government officers/employees with legislators, disclosure of budget figures before presentation of the budget in the House, circulating a question and its draft reply before reply to the question in the House, undignified and unbecoming behaviour of a member during the Governor’s Address to the Legislature, misleading the House, not intimating the House about arrest of a member, circulation of  pamphlet signed by a Minister to members of the House through pigeon-holes kept for them etc.