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.”
Parliament voted on the Demands for Grants for the Ministry of Home Affairs on May 02, 2012. During the debate, MPs expressed concern over the status of police forces in different States of the country. They emphasised the need to augment the capability of police forces. Though ‘Police’ and ‘Public Order’ are State subjects, the union government provides assistance to States for strengthening their forces. For instance, the Ministry of Home Affairs has been implementing a non-plan scheme for ‘Modernization of Police Forces’ since 1969-70. Under the scheme assistance is provided in the form of grants-in-aid towards construction of secure police stations, outposts, for purchase of vehicles, equipment etc. (To know more about the scheme, see an earlier blog post on the issue.) At the all India level, the sanctioned strength of State Police equals 20.6 lakh personnel. Though there exist wide variations across States, at an average this amounts to 174 police personnel per lakh population. However, the actual ratio is much lower because of high vacancies in the police forces. At the aggregate level, 24% positions are vacant. The table below provides data on the strength of state police forces as in Jan, 2011
State | Sanctioned strength | Sanctioned policemen/ lakh of population | Vacancy |
Andhra Pradesh | 1,31,099 | 155 | 31% |
Arunachal Pradesh | 11,955 | 966 | 42% |
Assam | 62,149 | 200 | 12% |
Bihar | 85,939 | 88 | 27% |
Chhattisgarh | 50,869 | 207 | 18% |
Goa | 6,108 | 348 | 16% |
Gujarat | 87,877 | 151 | 27% |
Haryana | 61,307 | 248 | 28% |
Himachal Pradesh | 17,187 | 256 | 22% |
Jammu & Kashmir | 77,464 | 575 | 6% |
Jharkhand | 73,005 | 235 | 30% |
Karnataka | 91,256 | 155 | 10% |
Kerala | 49,394 | 141 | 7% |
Madhya Pradesh | 83,524 | 115 | 9% |
Maharashtra | 1,53,148 | 139 | 10% |
Manipur | 31,081 | 1,147 | 26% |
Meghalaya | 12,268 | 469 | 17% |
Mizoram | 11,246 | 1,112 | 6% |
Nagaland | 24,226 | 1,073 | 0% |
Orissa | 53,291 | 130 | 18% |
Punjab | 79,565 | 291 | 14% |
Rajasthan | 79,554 | 118 | 11% |
Sikkim | 5,421 | 886 | 27% |
Tamil Nadu | 1,20,441 | 178 | 15% |
Tripura | 44,310 | 1,224 | 17% |
Uttar Pradesh | 3,68,260 | 184 | 59% |
Uttarakhand | 20,775 | 211 | 24% |
West Bengal | 72,998 | 81 | 18% |
A&N Islands | 4,417 | 1,018 | 22% |
Chandigarh | 7,873 | 695 | 22% |
D&N Haveli | 325 | 114 | 13% |
Daman & Diu | 281 | 140 | 6% |
Delhi | 81,467 | 441 | 1% |
Lakshadweep | 349 | 478 | 36% |
Puducherry | 3,941 | 352 | 25% |
All India | 20,64,370 | 174 | 24% |
Source: Lok Sabha Unstarred Question No. 90, 13th March, 2012 and Lok Sabha Unstarred Question No. 1042, March 20, 2012