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We wrote an FAQ on Parliamentary Privilege for IBN Live. See http://ibnlive.in.com/news/what-puri-bedi-are-guilty-of-parl-privilege-faqs/179977-37.html The full text is reproduced below. Several MPs have given breach of privilege notices against actor Om Puri and ex-policewoman Kiran Bedi for using "derogatory and defamatory" language against Members of Parliament. In light of this, we explain the concept of breach of privilege and contempt of Parliament. What is parliamentary privilege? Parliamentary privilege refers to rights and immunities enjoyed by Parliament as an institution and MPs in their individual capacity, without which they cannot discharge their functions as entrusted upon them by the Constitution. Are these parliamentary privileges defined under law? According to the Constitution, the powers, privileges and immunities of Parliament and MP's are to be defined by Parliament. No law has so far been enacted in this respect. In the absence of any such law, it continues to be governed by British Parliamentary conventions. What is breach of privilege? A breach of privilege is a violation of any of the privileges of MPs/Parliament. Among other things, any action 'casting reflections' on MPs, parliament or its committees; could be considered breach of privilege. This may include publishing of news items, editorials or statements made in newspaper/magazine/TV interviews or in public speeches. Have there been earlier cases of breach of privilege? There have been several such cases. In 1967, two people were held to be in contempt of Rajya Sabha, for having thrown leaflets from the visitors' gallery. In 1983, one person was held in breach for shouting slogans and throwing chappals from the visitors' gallery. What is the punishment in case of breach of privilege or contempt of the House? The house can ensure attendance of the offending person. The person can be given a warning and let go or be sent to prison as the case may be. In the case of throwing leaflets and chappal, the offending individuals were sentenced to simple imprisonment. In the 2007 case of breach of privilege against Ambassador Ronen Sen, the Lok Sabha Committee on privileges held that the phrase "headless chicken" was not used by Shri Sen in respect of MPs or politicians. No action was taken against him. In 2008, an editor of an Urdu weekly referred to the deputy chairman of Rajya Sabha as a "coward" attributing motives to a decision taken by him. The privileges committee held the editor guilty of breach of privilege. The committee instead of recommending punishment stated that, “it would be better if the House saves its own dignity by not giving undue importance to such irresponsible articles published with the sole intention of gaining cheap publicity.”
The Election Commission has announced the schedule for the election of the President of India. The last date for nominations is June 30, elections will be held on July 19, and counting will take place on July 22. The BJD and AIADMK have proposed the name of Mr. P.A. Sangma. The Samajwadi Party and Trinamool Congress have suggested three names. Other parties or alliances have not announced any contenders. Our calculations show that no single party or alliance has the numbers to unilaterally elect candidates of its choice. A candidate will need 5,48,507 votes to be elected as the President. If the UPA were to vote as a consolidated block, its vote tally would reach 4,49,847 (41% of the total votes). Among the Congress allies, Trinamool holds the largest number of votes (47,898). If Trinamool decides to support some other candidate, the UPA tally will fall to 4,01,949 votes (37% of the total). The votes held by the major alliances are given in the table below:
Coalition | Value of votes | Percentage of total votes |
UPA |
4,49,847 |
41.0% |
NDA |
3,03,912 |
27.7% |
Left |
52,282 |
4.8% |
Bahujan Samaj Party |
43,723 |
4.0% |
Samajwadi Party |
68,943 |
6.3% |
Biju Janata Dal |
30,215 |
2.8% |
AIADMK |
36,216 |
3.3% |
Others |
1,11,874 |
10.2% |
Total |
10,97,012 |
|
Minimum required to be elected |
5,48,507 |
|
A detailed break-up of votes held by each party is given in the table below:
Party | Value of votes | Percentage of total votes |
Indian National Congress |
3,31,855 |
30.30% |
Bharatiya Janata Party |
2,32,454 |
21.20% |
Samajwadi Party |
68,943 |
6.30% |
All India Trinamool Congress |
47,898 |
4.40% |
Bahujan Samaj Party |
43,723 |
4.00% |
Janata Dal (United) |
41,574 |
3.80% |
All India Anna Dravida Munnetra Kazhagam (AIADMK) |
36,216 |
3.30% |
Communist Party of India (Marxist) |
35,734 |
3.30% |
Biju Janata Dal |
30,215 |
2.80% |
Nationalist Congress Party |
24,058 |
2.20% |
Independent |
23,830 |
2.20% |
Dravida Munnetra Kazhagam (DMK) |
21,780 |
2.00% |
Telugu Desam Party |
21,256 |
1.90% |
Shiv Sena |
18,320 |
1.70% |
Shiromani Akali Dal |
11,564 |
1.10% |
Communist Party of India |
9,758 |
0.90% |
Rashtriya Janata Dal |
8,816 |
0.80% |
Others |
7,420 |
0.70% |
Janata Dal (Secular) |
6,138 |
0.60% |
Jammu and Kashmir National Conference |
5,556 |
0.50% |
Rashtriya Lok Dal |
5,412 |
0.50% |
Desiya Murpokku Dravida Kazhaga (DMDK) |
5,104 |
0.50% |
Jharkhand Mukti Morcha |
4,584 |
0.40% |
Muslim League Kerala State Committee |
4,456 |
0.40% |
Indian National Lok Dal |
4,068 |
0.40% |
All India Forward Bloc |
3,961 |
0.40% |
Jharkhand Vikas Morcha |
3,352 |
0.30% |
Asom Gana Parishad |
3,284 |
0.30% |
Telangana Rashtra Samiti |
3,044 |
0.30% |
Revolutionary Socialist Party |
2,829 |
0.30% |
Bodoland People's Front |
2,808 |
0.30% |
All India United Democratic Front |
2,796 |
0.30% |
Praja Rajyam Party |
2,664 |
0.20% |
Maharashtra Navnirman Sena |
2,275 |
0.20% |
Kerala Congress (M) |
2,076 |
0.20% |
All India Majlis-e-Ittehadul Muslimeen |
1,744 |
0.20% |
Nagaland People's Front |
1,722 |
0.20% |
Sikkim Democratic Front |
1,640 |
0.10% |
Peoples Democratic Party |
1,512 |
0.10% |
Bahujan Vikas Aaghadi |
1,058 |
0.10% |
Lok Janasakti Party |
957 |
0.10% |
All Jharkhand Students Union |
880 |
0.10% |
Haryana Janhit Congress |
820 |
0.10% |
Mizo National Front |
732 |
0.10% |
Marumalarchi Dravida Munnetra Kazhagam |
708 |
0.10% |
Swabhimani Paksha |
708 |
0.10% |
Viduthalai Chiruthaigal Katchi |
708 |
0.10% |
YSR Congress Party |
708 |
0.10% |
Peasants and Workers Party |
700 |
0.10% |
Pattali Makkal Katchi |
528 |
0.00% |
Manithaneya Makkal Katch |
352 |
0.00% |
Puthiya Tamilaga |
352 |
0.00% |
All India NR Congress |
240 |
0.00% |
J&K National Panthers Party |
216 |
0.00% |
Communist Party of India (Marxist-Leninist) |
176 |
0.00% |
United Democratic Party |
153 |
0.00% |
Lok Satta Party |
148 |
0.00% |
Loktantrik Samajwadi Party |
129 |
0.00% |
J&K Democratic Party Nationalist |
72 |
0.00% |
People's Democratic Front |
72 |
0.00% |
Uttarakhand Kranti Dal |
64 |
0.00% |
Maharashtrawadi Gomantak Party |
60 |
0.00% |
People's Party of Arunachal |
32 |
0.00% |
Total |
10,97,012 |
|
Notes: The electoral college for the Presidential election consists of the elected members of Lok Sabha, Rajya Sabha and all Legislative Assemblies. The winning candidate must secure at least 50% of the total value of votes polled. Each MP/ MLA’s vote has a pre-determined value based on the population they represent. For instance, an MP’s vote has a value of 708, an MLA from UP has a vote value of 208 and an MLA from Sikkim has a vote value of 7 (Note that all MPs, irrespective of the constituency or State they represent, have equal vote value). Parties in various coalitions: UPA: Congress, Trinamool, DMK, NCP,Rashtriya Lok Dal, J&K National Conference, Muslim League Kerala State Committee, Kerala Congress (M), All India Majlis-e-Ittehadul Muslimeen, Sikkim Democratic Front, Praja Rajyam Party, Viduthalai Chiruthaigal Katchi NDA: BJP, JD(U), Shiv Sena, Shiromani Akali Dal, Janata Party Left: CPI(M), CPI, Revolutionary Socialist Party, All India Forward Bloc