Expunction in Parliamentary Proceedings

Never Miss an Important Update! Assured Discounts on New Products!

Table of contents

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.

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.

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 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.