How Member of Parliament is suspended from the House – Burning Issues – Free PDF

 In News

• Eight Rajya Sabha MPs were suspended on Monday (September 21) for unruly behaviour in the House the previous day (September 20).

• The government moved a motion seeking the suspension of these 8 MPs. Ironically, the motion was passed by a voice vote.
• After the motion was adopted, Chairman M Venkaiah Naidu asked the MPs to leave the House. The suspended members initially refused to leave, and then sat on a dharna outside Parliament.

What is the reason for suspending an MP?

• In order to ensure that proceedings are conducted in the proper manner, the Presiding Officer is empowered to force a Member to withdraw from the House.
• Decorum is maintained.
•  Discussions/deliberations are conducted in a peaceful and respectable manner.

Rule No. ?

• Rule Number 373 of the Rules of Procedure and Conduct of Business says: “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 forthwith and shall remain absent during the remainder of the day’s sitting.”
• To deal with more recalcitrant Members, the Speaker make take recourse to Rules 374 and 374A.

Rule 374 says:

1.   The Speaker may, if deems it necessary, name a Member who disregards the authority of the Chair or abuses the rules of the House by persistently and wilfully obstructing the business thereof.
2. If a Member is so named by the Speaker, the Speaker shall, on a motion being made forthwith put the question that the Member be suspended from the service of the House for a period not exceeding the remainder of the session: Provided that the House may, at any time, on a motion being made, resolve that such suspension be terminated.
3.  A member suspended under this rule shall forthwith withdraw from the precincts of the House.”

Rule 374A says: (added in 2001)

1.  Notwithstanding anything contained in rules 373 and 374, in the event of grave disorder occasioned by a Member coming into the well of the House or abusing the Rules of the House persistently and wilfully obstructing its business by shouting slogans or otherwise, such Member shall, on being named by the Speaker, stand automatically suspended from the service of the House for five consecutive sittings or the remainder of the session, whichever is less: Provided that the House may, at any time, on a motion being made, resolve that such suspension be terminated.
2. On the Speaker announcing the suspension under this rule, the Member shall forthwith withdraw from the precincts of the House.”

Do the Same Rules apply for Rajya Sabha?

•  Yes, but one important difference.
•  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. 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 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.

RS Chairman used his powers…

•  On Monday, Chairman Venkaiah Naidu named all the eight Opposition MPs.
• He said he was “deeply pained” at what had happened in the House on September 20. “All social distancing and Covid protocols were violated. Whatever happened, defied logic. It was a bad day for the Rajya Sabha. The Deputy Chairman was physically threatened. I was worried for his physical well-being.”

Is suspension an extreme step?

•  Obviously, the ruckus created by various members in Rajya Sabha was not justified.
•  The proceedings of the Parliament are considered the most supreme in the country.
• There can be no question that the enforcement of the supreme authority of the Presiding Officer is essential for smooth conduct of proceedings.

• However, it must be remembered that the job of the Presiding Officer is to run the House, not to lord over it.
•  The solution to unruly behaviour has to be long-term and consistent with democratic values.

For Example…

• Television cameras be focussed on the demonstrating members, so that people could see for themselves how their representatives were behaving in the House. Ironically, in the present case, the telecast of the proceedings in Rajya Sabha was stopped.

Comment Section

• What measures can be adopted to have a long term solution for members behaving in such a manner?

Latest Burning Issues | Free PDF

Sharing is caring!