Suspension Of MPs : Explained

Suspension Of MPs: Explained

Recently, Lok Sabha suspended the 4 MPs (Member of Parliament) and the Rajya Sabha suspended 23 MPs as they were disrupting the proceedings of the house.

Reason for disruption by MPs

• MPs do not have enough time to raise crucial issues.
• The government's unresponsiveness and the Treasury benches their retaliatory posture.
• Parties intentionally cause disturbance for political or publicity reasons.
• The failure to take immediate action against MPs who interrupt parliamentary proceedings.

Why suspension of MPs?

• The role and duty of the Presiding Officer that is the Speaker of Lok Sabha and Chairman of Rajya Sabha are to maintain order so that the House can function smoothly.
• To ensure that proceedings are conducted properly, the Speaker and the Chairman are empowered to force a member to withdraw from the House.

Rule of procedure and conduct

Rule Number 373 of the Rules of Procedure and Conduct of Business: If the speaker thinks that the conduct of any Member is grossly disorderly then he may direct such Member to withdraw immediately from the House and Members so ordered to withdraw shall do so forthwith and shall remain absent during the remainder of the day’s sitting.

Rule 374: The Speaker can name a member who disregards the authority of the Chair or abuses the rules of the House by persistently and willfully obstructing the business thereof.

• And the member so named will be suspended from the House for a period not exceeding the remainder of the session.
• A member suspended under this rule shall forthwith withdraw from the precincts of the House

Rule 374A: It was incorporated into the Rule Book on December 5, 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.

Rule 255 (Rajya Sabha): Under Rule 255 of the General Rules of Procedure of the Rajya Sabha, the presiding officer of the House can invoke the suspension of the Member of Parliament.

• The Chairman as per this rule can direct any member whose conduct in his opinion was not right or was disorderly.

Rule 256 (Rajya Sabha): It provides for the 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.

Is suspending an MP a common practice in Parliament?

Though it is strong action, it is not uncommon. Suspensions have become more common in recent years.

While at least 51 MPs were suspended from the two Houses between the monsoon session in 2006 and February 2014, at least 139 MPs have been suspended for misconduct and unruly behavior between the monsoon session in August 2015 and now.

Implications Of Suspension:

• Not only does this impede the smooth functioning of Parliament, where bills are being passed without any discussion, but the growing animosity also does not augur well for parliamentary democracy.
• It also indicates great hostility between the government and opposition benches, where both treat each other as the enemy, rather than providing alternate solutions and suggestions peacefully.
• Disruptions and suspensions tarnish the image of Parliament and raise serious questions about the maturity of its functioning
• It takes away the democracy’s fundamental right to dissent, which is important to critically analyze and hold the government responsible for its policy and planning.

But the criticism should adopt peaceful and constructive means, not as retaliation against the government.

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 even attend the meetings of the committees.
• He will also not be eligible to give notice for discussion or submission.
• He loses the right to get a reply even to his questions.

What are Interventions by the Court?

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.

Way Forward

• Political parties need to resolve their differences outside the legislative chamber without stalling the functioning of our national legislature.
• The opposition member should realize the concept of active opposition and must play a constructive role rather than creating a disruption in the parliament which will not only degrade the efficiency of parliament but also affect the development of the country.
• Also, the suspension should be valid, unbiased, and not executed arbitrarily by the Presiding officer to curb reasonable dissent.