SUSPENSION OF MPs

Why in news:

Nineteen opposition members were suspended from Rajya Sabha for a week. It has been blamed that the  government had turned Parliament into a “deep, dark chamber”.

Reason to suspend:

unprecedented acts of misconduct, contemptuous, unruly and violent behaviour and intentional attacks on security personnel”.

General Principle  of Suspension: 

it is the role and duty of the Presiding Officer — Speaker of Lok Sabha and Chairman of Rajya Sabha — to maintain order so that the House can function smoothly. 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.

Rules of suspension in Lok Sabha:

Rule 373 of the Rules of Procedure and Conduct of Business says: “The Speaker, if he 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.

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.

Rule 374A was incorporated with the intention to skirt around the necessity of moving and adopting a motion for suspension.

Rules of suspension in Rajya Sabha: Rule 255direct any Member whose conduct is in his opinion grossly disorderly to withdraw immediately” from the House.

Rule 256, 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.

Frequent suspensions: It is strong action, but it is not uncommon. Suspensions have become more common in recent years, and have taken place every year since 2019.  Suspending an MP had became a common practice in Parliament.

An Extreme step: Every instance of suspension of an MP triggers strong statements on both sides. A balance has to be struck and the solution to unruly behavior has to be long-term and consistent with democratic values. The ruling party of the day invariably insists on the maintenance of discipline, just as the opposition insists on its right to protest. And their positions often change when their roles flip.