SUSPENSION OF MPS - POLITY

SUSPENSION OF MPS - POLITY

News: Suspensions continue in parliament

 

What’s in the news?

●       New record set with the suspension of 141 MPs in a single session.

 

Constitutional provisions:

●       Article 118 - Each House of Parliamentarians may make rules for regulating, subject to the provisions of this Constitution, its procedure and the conduct of its business.

 

Rules of Procedure and Conduct of Business for Lok Sabha:

●       Rule 373:

○       The Speaker can order a member to immediately leave the House if the member’s conduct is disorderly.

○       Those directed to withdraw must do so promptly and stay absent for the remainder of the day’s sitting.

 

●       Rule 374:

○       The Speaker can name a member who disrespects the Chair’s authority or persistently obstructs House business.

○       The named member faces suspension from the House, but this suspension should not exceed the remainder of the session.

○       The suspended member must leave the House premises.

 

●       Rule 374A:

○       In cases of gross violations or serious charges, if named by the Speaker, a member is automatically suspended from the House’s service for five consecutive sittings or the remaining session, whichever is shorter.

 

Rules of Procedure and Conduct of Business for Rajya Sabha:

●       Rule 255:

○       It empowers the Chairman of Rajya Sabha to direct any Member to withdraw immediately from the House for any disorderly conduct.

 

●       Rule 256:

○       This rule empowers the Chairman to name the members who persistently disregards the authority of the Chair or abuses the rules of the Council.

○       After that, the House may adopt a motion suspending the Member for a period not exceeding the remainder of the session.

○       It should be noted that, unlike Lok Sabha (under rule 374A), Rajya Sabha cannot suspend its members without passing a motion for the same.

 

Suspension Duration:

●       MPs can be suspended for the remainder of the session, with a maximum period of five days (in Lok Sabha).

●       The House can reinstate a suspended member at any point by passing a motion.

 

Power of Supreme Court:

●       Article 122 of the Constitution says parliamentary proceedings cannot be questioned before a court. However, in some cases, courts have intervened in the procedural functioning of legislatures.