The latest news from the houses of Parliament in India is that four MPs from Lok Sabha and 23 from Rajya Sabha have been suspended due to disruptions caused during the proceedings. There are various reasons why these disruptions occur and several rules dictating the suspension of MPs. This article aims to elaborate on the key aspects related to the suspension of MPs in India and the rules governing this action.
Reasons For Disruption by MPs
The primary causes for disruption by MPs as analyzed by political leaders and presiding officers can be boiled down to four main points. Firstly, MPs often feel they do not have sufficient time to raise crucial issues. Secondly, the unresponsiveness of the government and the retaliatory posture of the Treasury benches also contribute to the disruption. Thirdly, political parties may cause disturbances intentionally for publicity or political motives. Lastly, lack of immediate action against MPs who interrupt parliamentary proceedings catalyzes the disruptive behavior.
Process of Suspending MPs
Generally, it is the duty and role of the Presiding Officer (Speaker of Lok Sabha and Chairman of Rajya Sabha) to maintain order in the House. They must ensure smooth functioning by possibly forcing a member to withdraw from the House if needed. Several rules guide their actions in these scenarios:
Rule 373 allows the Speaker to direct a member to withdraw immediately from the House if he finds the member’s conduct disorderly. The member asked to withdraw shall do so forthwith and remain absent during the remainder of the day’s sitting.
Under Rule 374, the Speaker can name and suspend a member who disregards the Chair’s authority or persistently obstructs House business. The suspension period cannot exceed the remainder of the session.
Rule 374A, added in December 2001, states that in case of gross violation or severe charges, the Speaker can automatically suspend the named member from the House for five consecutive sittings or the remainder of the session, whichever is less.
In the case of Rajya Sabha, Rule 255 allows the presiding officer to direct any member whose conduct is not right or is disorderly and suspend them. Under Rule 256, the Chairman can suspend a member from the Council’s service for a period not exceeding the remainder of the Session.
Terms of Suspension
The maximum period for suspension is for the remainder of the session. During this period, suspended members cannot enter the chamber, attend committee meetings, give notice for discussion or submission, and they lose their right to get a reply to their questions.
Court Interventions
While Article 122 of the Constitution states parliamentary proceedings cannot be questioned before a court, courts have intervened in the procedural functioning of the legislature. For instance, when Maharashtra Legislative Assembly suspended 12 BJP MLAs for a year during its 2021 Monsoon Session, the Supreme Court ruled that the resolution was ineffective in law beyond the remainder of that Session.
Way Forward
Dealing with planned parliamentary offenses and deliberate disturbances for publicity or political reasons is difficult. Therefore, the opposition members should play a constructive role in Parliament and are encouraged to put forward their views in a dignified manner. There needs to be a balance between deliberate disruption and raising critical issues.
One example of exam questions related to the Speaker’s office of the Lok Sabha includes: “Regarding the office of the Lok Sabha speaker, consider the following statements: (2012) He/She holds the office during the pleasure of the President…” The correct answer was option (b), i.e., “If he/she intends to resign, the letter of his/her resignation has to be addressed to the Deputy Speaker.”
