Suspension of MP’s:

Suspension of MP’s:

Topic: Indian Polity

Context:

12 Opposition MPs have been suspended for the rest of the Winter Session for disruptions in Rajya Sabha during the Monsoon Session.

Concept:

Suspension of MP’s:

Rule 255 of the General Rules of Procedure of the Rajya Sabha:

Under Rule 255 (‘Withdrawal of member’) of the General Rules of Procedure of the Rajya Sabha, “The Chairman may direct any member whose conduct is in his opinion grossly disorderly to withdraw immediately from the Council and any member so ordered to withdraw shall do so forthwith and shall absent himself during the remainder of the day’s meeting.”

How is suspension under Rule 255 different from Suspension under Rule 256?

• Rule 256 provides for ‘Suspension of Member’; whereas Rule 255 provides for lesser punishment.
• Under Rule 256, “the Chairman may, if he deems it necessary, suspend a member from the service of the Council for a period not exceeding the remainder of the Session.

Differences in powers of Speaker and Chairman of Rajya Sabha:

• Like the Speaker in Lok Sabha, the Chairman of Rajya Sabha is empowered under Rule Number 255 of its Rule Book to “direct any Member whose conduct is in his opinion grossly disorderly to withdraw immediately” from the House.
• Unlike the Speaker, however, the Rajya Sabha Chairman does not have the power to suspend a Member.

Differences in powers of Speaker and Chairman of Rajya Sabha:

Like the Speaker in Lok Sabha, the Chairman of Rajya Sabha is empowered under Rule Number 255 of its Rule Book to “direct any Member whose conduct is in his opinion grossly disorderly to withdraw immediately” from the House.

Unlike the Speaker, however, the Rajya Sabha Chairman does not have the power to suspend a member.

 Procedure to be followed for suspension of Rajya Sabha MPs:

The Chairman may “name a member who disregards the authority of the Chair or abuses the rules of the Council by persistently and wilfully obstructing” business.

In such a situation, the House may adopt a motion suspending the Member from the service of the House for a period not exceeding the remainder of the session.

The House may, however, by another motion, terminate the suspension.

In 2001, the Lok Sabha rule was amended to give the Speaker one additional power.

A new rule, 374A, empowers the Speaker to automatically suspend an MP for a maximum of five days for disrupting the business of the House.

How often have disruptions led to suspension of MPs?

• The first instance occurred in 1963.
• A few Lok Sabha MPs first interrupted President Sarvapalli Radhakrishnan and then walked out while he was delivering the joint address to both Houses.
• Lok Sabha ended in reprimanding these MPs. In 1989, 63 MPs were suspended from Lok Sabha on the discussion of the Thakar Commission report.
• More recently in 2010, 7 MPs were suspended from Rajya Sabha for snatching the women’s reservation bill from the minister. Since then, MPs have raised slogans, used pepper spray in the House and displayed placards.