Expunction in Parliamentary Proceedings
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- Context (TH): The first special session of the 18th Lok Sabha ended with controversies over the expunction of Opposition leaders’ remarks in both Houses of Parliament.
- Expunction is a parliamentary procedure where certain remarks are removed from official records.
Rules Governing Expunction
- Article 105 grants freedom of speech to MPs, subject to constitutional provisions and House rules.
- Words deemed defamatory, indecent, unparliamentary, or undignified can be expunged.
- The Lok Sabha Secretariat maintains a list of ‘unparliamentary‘ words and expressions.
- Remarks prejudicial to national interest or foreign relations and statements derogatory to dignitaries or likely to offend national sentiments may be expunged.
Process of Expunction
- The Rajya Sabha Chairman (under Rajya Sabha Rule 261) and Lok Sabha Speaker (under Lok Sabha Rules 380 and 381) have the power to order expunctions.
- Expunged portions are marked with asterisks in official records.
- A list of expunged words is circulated to media outlets.
Special Considerations
- Rule 353 of Lok Sabha outlines procedures for making allegations against colleagues or outsiders. Under this, the MP must provide “adequate advance notice” to the Speaker and the concerned Minister.
- Allegations against ministers are generally allowed as part of parliamentary accountability.
- MPs must follow a procedure established by the Speaker when making an allegation against a Minister.
- MPs must withdraw objectionable remarks upon the Chair’s request or face expunction.
Expunction and Defamation
- Expunction should only be applied when allegations are truly defamatory or incriminatory in nature.
- The comments on the conduct of public servants in their official capacity or on their character, as it appears in that conduct, are not considered defamation. Such comments/statements do not necessarily fall under the purview of Rule 353 or Rule 380.
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