Suspension of MPs

Suspension of MPs

• Shri Sanjay Singh MP of the Rajya Sabha has been suspended for “violating” the directives of the chair.
  • The Rajya Sabha has been witnessing protests from the opposition over the Manipur Issue. They are demanding the Prime Minister’s response to the matter, and as a result, one of the involved MPs was suspended.
• General Principle:
  • To ensure that proceedings are conducted in the proper manner, the Speaker/ Chairman is empowered to force a member to withdraw from the House.

 Rules of Procedure and Conduct:

Lok Sabha

Rule 373:

• According to Rule Number 373 of the Rules of Procedure and Conduct of Business “The Speaker, if is of the opinion that the conduct of any Member is grossly disorderly, may direct such Member to withdraw immediately from the House, and any Member so ordered to withdraw shall do so forth with and shall remain absent during the rest of the day’s sitting.
• To deal with more obstinate or recalcitrant Members, the Speaker makes recourse to Rules 374 and 374A.

Rule 374:

• The Speaker may name a member if deems it necessary, who disregards the authority of the Chair or abuses the rules of the House by persistently and wilfully obstructing the business thereof.
• If a Member is so named by the Speaker, the Speaker shall, on a motion being made forthwith put the question that the Member (naming such Member) be suspended from the service of the House for a period not exceeding the remainder of the session

Rule 374A:

• Rule 374A was incorporated in the Rule Book in December 2001.
• In case of gross violation or severe charges, on being named by the Speaker, the member stands automatically suspended from the service of the House for five consecutive sittings or the remainder of the session, whichever is less.

Rajya Sabha

Rule 255:

• Chairman of Rajya Sabha to “direct any Member whose conduct is in his opinion grossly disorderly to withdraw immediately” from the House.
• Unlike the Speaker of Lok Sabha, the Rajya Sabha Chairman doesn’t have the power to suspend a member. Therefore, the House may by another motion, terminate the suspension.
• 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 this type of 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.

Rule 256:

• It provides for suspension of members.
• The Chairman can suspend a member from the service of the Council for a period not exceeding the remainder of the Session.

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.

 Court’s Jurisdiction :

• Article 122 of the Constitution says parliamentary proceedings cannot be questioned before a court.
• Although courts have intervened in the procedural functioning of the legislature like,
• Maharashtra Legislative Assembly passed a resolution in its 2021 Monsoon Session suspending 12 BJP MLAs for a year.
  • The matter came before the Supreme Court, which held that the resolution was ineffective in law beyond the remainder of the Monsoon Session.

Practice Questions for Prelims

Consider the following statements with reference to the suspension of MPs
1. According to Rule 373 of the Rules of Procedure and Conduct of Business the Speaker may direct a member to withdraw immediately from the house for the remainder of the day’s sitting if is of the opinion that the conduct of any member is grossly disorderly.
2. Rule 374A is invoked by Speaker for automatic suspension of member of the House- for ten consecutive sittings or the remainder of the session.

Which of the following statements given above is/are correct?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2

Ans. a)

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