CHENNAI: The Tamil Nadu Assembly’s decision to telecast its proceedings live marks a step towards transparency, but it has put expunged remarks in the spotlight and raises an important question about expunction.
The live broadcast decision could transform political communication, strengthen accountability and alter public perception of the legislature while reducing the advantage enjoyed by whoever controls the government’s communication machinery. However, it has brought a pertinent question into sharp focus – whether the traditional practice of expunging remarks remains effective in the age of live television and social media.
The issue arose once again when Leader of the Opposition Udhayanidhi Stalin raised it in the Assembly on Friday. He pointed out that although the Speaker had been expunging remarks, portions were being converted into “reels” and circulated outside the House.
Responding, Speaker J C D Prabhakar said the DMK had already given notice raising a privilege issue over the circulation of an expunged remark as reels. He assured the House that circulation of expunged remarks or videos brought to his notice would be referred to the Privileges Committee.
The Speaker’s ruling can determine the official record, but cannot easily erase something already in the public domain. The Parliament, too, has grappled with television channels re-telecasting portions subsequently expunged.
For decades, expunction served a clear purpose. Defamatory, indecent, unparliamentary or undignified expressions could be removed from the official record to protect the dignity and orderly functioning of the House. It was never primarily intended to erase a remark from public memory; rather, it determined the authoritative legislative record.
Before live telecasts, an expunged remark could largely disappear from the official record and had limited circulation. Ever since the entire proceedings of the House started being telecast live, expunged remarks have also been doing the rounds on social media, reaching millions.
Content creators and viewers record broadcasts, extract clips and circulate them on YouTube, X, Instagram or WhatsApp within minutes. Even if removed from the official transcript or archived video, copies exist across platforms and are stored digitally outside the House to be used (mis)appropriately.
Expunction stems from the Westminster tradition that influenced India. The US House of Representatives also developed a procedure for taking down disorderly words in the early 19th century. The principle was that legislators should enjoy freedom to speak inside the House, subject to parliamentary rules and the Chair.
In India, Article 105(2) of the Constitution protects MPs from court proceedings in respect of anything said or any vote given in Parliament. Expunction therefore operates as an internal disciplinary mechanism: legislators have freedom of speech within the House, subject to its rules and the authority of the Chair.
Significantly, the Madras High Court had anticipated this difficulty. While hearing a petition filed by DMDK founder Vijayakanth in 2015 seeking live telecast of Assembly proceedings, the court, on January 23, 2024, suggested a 30-minute deferred telecast to allow time for removing remarks ordered to be expunged.
The suggestion came after the Advocate General said a live telecast could be difficult because the Speaker might need to expunge unparliamentary remarks.
Even as the case remains pending, the TVK government has decided to telecast the proceedings live, bringing the issue into the era of real-time broadcasting.
Rajya Sabha member Derek O’Brien has said expunction is legitimate but should be used sparingly and impartially, arguing that it has sometimes been exercised too broadly and disproportionately against Opposition criticism.
Legislatures are also exploring technological solutions. In 2025, the Uttar Pradesh Assembly Speaker announced plans involving AI-enabled cameras and mechanisms to identify or filter objectionable comments before certain material is made public. It also planned to provide MLAs with clips of their speeches for public use.
Until then, expunction in the age of live broadcasting and social media becomes merely a mechanism for correcting the official record.