How MPs are suspended

Subject: Polity

Section: Parliament

Context:78 Opposition MPs suspended

Who can suspend an MP:

It is the role and duty of the Presiding Officer i.e. Speaker of Lok Sabha and Chairman of Rajya Sabha to maintain order so that the House can function smoothly.
In order to ensure that proceedings are conducted in the proper manner, the Speaker/ Chairman is empowered to force a Member to withdraw from the House.

What are the rules under which the Presiding Officer/Chairman acts:

For Lok Sabha

Rule Number 373 of the Rules of Procedure and Conduct of Business
- The Speaker can order a member to immediately leave the House if the member’s conduct is disorderly.
- Those directed to withdraw must do so promptly and stay absent for the remainder of the day’s sitting.
Rule 374:
- The Speaker can name a member who disrespects the Chair’s authority or persistently obstructs House business.
- The named member faces suspension from the House, but this suspension should not exceed the remainder of the session.
- The suspended member must leave the House premises.
Rule 374A (Added in December 2001):
- In cases of gross violations or serious charges, if named by the Speaker, a member is automatically suspended from the House’s service for five consecutive sittings or the remaining session, whichever is shorter.

For Rajya Sabha:

Rule 255 of the Rule Book of Rajya Sabha:
- It empowers the Chairman of Rajya Sabha to direct any Member to withdraw immediately from the House for any disorderly conduct.
Rule 256
- This rule empowers the Chairman to name the members who persistently disregards the authority of the Chair or abuses the rules of the Council.
- After that, the House may adopt a motion suspending the Member for a period not exceeding the remainder of the session.
It should be noted that, unlike Lok Sabha (under rule 374A), Rajya Sabha can not suspend its members without passing a motion for the same.

What are the terms of Suspension:

The maximum period of suspension is for the remainder of the session.
Suspended members cannot enter the chamber or attend the meetings of the committees.
He will not be eligible to give notice for discussion or submission.
He loses the right to get a reply to his questions.

Can courts intervene in a matter of suspension of MPs:

Article 122 of the Indian Constitution establishes the principle that parliamentary proceedings are not subject to questioning in a court of law.
Nevertheless, there have been instances where the judiciary has intervened in the procedural workings of legislatures.
One such case involves the Maharashtra Legislative Assembly, which, during its 2021 Monsoon Session, passed a resolution to suspend 12 BJP MLAs for a year. This matter eventually reached the Supreme Court, which ruled that the resolution’s legal effect extended only for the duration of the Monsoon Session and not beyond.