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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.

For More Details: Visit > Roles and Powers of the Speaker of Lok Sabha

For More Details: Visit > Freedom of Speech in Parliament

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