How MPs are suspended
- December 19, 2023
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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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.