In recent news, a Member of Parliament (MP) from the Rajya Sabha was suspended due to the violation of chair directives. This occurred amid the ongoing protests in the Rajya Sabha regarding the issue in Manipur, which has led to calls for a response from the Prime Minister. Herein, we delve into the process and rules of suspending MPs, the effects of suspension, and court interventions in parliamentary proceedings.
The Procedure of Suspending MPs
Primarily, the task of maintaining parliament’s order falls under the role and duty of the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha. They are given the power to make a member withdraw from the House to ensure smooth and proper proceedings.
Rules of procedure are established in both branches of Parliament.
For the Lok Sabha, Rule 373 states that if the Speaker finds any member’s conduct grossly disorderly, they may direct said member to withdraw immediately from the House for the rest of the day’s sitting. If a member is more obstinate, Rules 374 and 374A come into play.
Contrastingly, the Rajya Sabha operates under Rule 255, which empowers the Chairman to direct any member with grossly disorderly conduct to withdraw from the House. However, unlike the Speaker of Lok Sabha, the Rajya Sabha Chairman lacks the power to suspend a member. Instead, the House can terminate the suspension through another motion.
Application of Rules for Gross Violations
Both branches have rules in place for situations involving gross violations.
In the Rajya Sabha, the Chairman can name a member who persistently and wilfully obstructs business or disregards the rules of the Council. The House can then adopt a motion to suspend the member for the rest of the session.
In the Lok Sabha, under Rule 374, the Speaker can name a member who persistently and wilfully obstructs business or disregards the rules. The Speaker can then put forth a motion to suspend the member for the remainder of the session.
Rule 374A, added in December 2001, states that in the event of severe charges or gross violation, the Speaker’s naming of the member results in automatic suspension from the House for five consecutive sittings or the remainder of the session, whichever is shorter.
Implications of Suspension
The maximum length of suspension is up to the end of the session. During this period, suspended members are not permitted to enter the chamber or attend committee meetings. They also lose their rights to give notice for discussion or submission, and to receive replies to their questions.
Court Interventions in Parliamentary Proceedings
Although Article 122 of the Constitution holds that parliamentary proceedings cannot be questioned before a court, there have been instances of court intervention in the procedural functioning of the legislature. For instance, when the Maharashtra Legislative Assembly suspended 12 BJP MLAs for a year in its 2021 Monsoon Session, the Supreme Court ruled that the resolution was ineffective beyond the Monsoon Session.
Managing Disruptions in Parliament
Mitigating planned parliamentary offenses and deliberate disruptions aimed at publicity or political motivations is challenging. Therefore, it is paramount that opposition members play a constructive role in Parliament, and are allowed to voice their viewpoints in a dignified manner. It is essential to strike a balance between preventing deliberate disruption and allowing the discussion of important issues.
