August 4, 2022
Derek O’Brien’s Point of Order on the question of breach of privilege of a Member of the Rajya Sabha, relating it to the right of freedom of speech in Parliament, as provided by the Constitution
Sir, I have a point of order. : Sir, there is no intention to intentionally disrupt the House by raising a point of order. You please give me a chance and after that. Sir, you are supreme in this House, so, you will also pass your judgement on this point of order, I am raising, Sir, related to what you just said about three minutes ago. Sir, my point of
order today is under Rule 187 but read in conjunction with Article 105 of this book. This is called the Constitution of India. So, first let’s get to Rule 187 based on what you said. Right! So, Rule 187 says this, and let me finish
reading and then you can say whatever you want. Rule 187, question of privilege, “Subject to the provisions of these rules, a Member, with the consent– your consent, Sir,– may raise a question involving a breach of privilege either of a member or of the Council, that is us, or of a Committee thereof.” That is the rule. You read this rule in conjunction with Article 105 of this very important book, Indian Constitution. Sir, now, read in conjunction with this rule. Now, this is important and you will appreciate, “Powers and privileges of the Houses of Parliament and of the Members thereof. Subject to the provisions of this Constitution and the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament.” This is my point today. It is my right. This gives me my right. The Constitution gives me my right.Sir, what is this?
