Suspension of MPs
Context
- 146MPs were suspended recently for disrupting Parliamentary proceedings.
- This is the highest number of MPs suspended in a single session in the history of Parliament.
Who can suspend the MPs? How?
- The Presiding Officer — the Speaker of LS and Chairman of RS — plays the major role in meting out suspensions.
- In Lok Sabha, the Speaker acts in accordance with Rules 373, 374, and 374A of the Rules of Procedure and Conduct of Business. In Rajya Sabha, the Chairman acts as per Rules 255 and 256 of the Rules. The procedure in both Houses is largely similar.
- First, the presiding officers can direct an MP to withdraw from the House for any disorderly conduct (Rule 373 in LS, 255 in RS). If that does not work and the said MP continues to disrupt the House proceedings, the presiding officer can “name” the legislator (Rule 374 in LS, 256 in RS). After that, the House can move a motion to suspend the MP until the end of the session.
- While these rules have mostly remained unchanged since 1952, in 2001, the Lok Sabha further empowered the Speaker to deal with “grave and disorderly conduct.” As per the new rule (Rule 374A), an MP “named” by the Speaker shall automatically stand suspended for a period of five days or the remaining part of the session. This rule removes the need for the House to pass a motion for suspension.
- Notably, the Rajya Sabha has not incorporated this provision in its procedures.
How long can MPs be suspended for?
- Mild offences are punished by admonition or reprimand, with the latter being the more serious of the two punishments.
- After this comes the punishment of “withdrawal.” As per Rule Number 373 in Lok Sabha’s Rules of Procedure and Conduct of Business: “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.”
- However, continuing to disregard the Presiding Officer’s directions can invite the punishment of suspension. A member can be suspended, at the maximum, for the remainder of the session only. Moreover, the House, at any point of time, can reinstate a suspended member by passing a motion.
- In cases of extreme misconduct, the House may expel a member “to rid the House of persons who are unfit for membership.”
Is suspending MPs common practice?
- While it is a strong step, it is not uncommon. However, the number of suspensions have gone up over the last few years.
- At least 149 suspensions have been meted out, both Houses included, since 2019, compared with at least 81 in 2014-19, and at least 36 in 2009-14.
Tag:374, Lok Sabha, MP, Rule 373, Suspension
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