the-rules-behind-the-mps-suspensions

The Winter Parliament Session that commenced on December 4 will wind up on December 22.

This session of the Parliament saw turbulence in the proceedings whether it was in regards to the expansion of MPs or the sessions continuously being adjourned. This year’s Winter Session witnessed the highest number of MPs getting expelled, touching the margin of 141 suspensions till Day 12 of the parliament’s session. A total of 95 suspended MPs are from the Lok Sabha and 46 from the Rajya Sabha.

Let us understand the grounds and the rules that govern the expulsion of Members of Parliament from their respective houses.

Based on the general principle of suspension, the presiding officer - Speaker of the Lok Sabha and Chairman of the Rajya Sabha holds the responsibility to run the proceedings smoothly and to ensure this, they are bestowed with the power to expel/force a member to withdraw from the house.

Lok Sabha Suspension Rules: Also referred to as “House of the People”, the Lok Sabha is the “lower house” of the parliament whose representatives are elected directly by the people based on universal adult suffrage. The Indian constitution envisages 552 as the maximum strength of the Lok Sabha. ‌

In regards to Rule No. 373 of the “Rules of Procedure and Conduct of Business” - “Withdrawal of Member\" - The Speaker, if of the opinion that the conduct of any member is gross disorder, may direct the MP 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 No. 374: Suspension of Member- “The Speaker, may, if deems it requires, 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.”

“If a member is so named by the Speaker, the Speaker shall, on a motion being made forthwith, put the question that the specific member be suspended from the service of the House for a specific period. The suspension term should not exceed the remainder of the session”. ‌

Rule No. 374 A: Automatic Suspension of a Member - In the event, of the disorder caused by an MP coming into the well of the House or abusing the Rules of the House persistently and “wilfully obstructing” its business by raising & shouting slogans or otherwise, such member shall, on being pointed by the Speaker, stand automatically suspended from the service of the House for 5 consecutive sittings or the remaining period of the session, whichever period is less.

Rajya Sabha Suspension Rules: Known as the “Upper House of the Parliament” and as the Council of States, the Rajya Sabha consists of State and the Union Territory representatives as well as the nominated members by the President of the country. The Rajya Sabha members should not exceed the 245 margin. The Vice-President of the nation is “ex-officio” the “Chairman of the Rajya Sabha”. It is also noteworthy that the Rajya Sabha is a permanent body and is not subject to dissolution, although one-third of the members retire every second year.

‌Rule 255: The rule directs any member whose conduct is considered as “grossly disorder” by the Chairman “to withdraw immediately” from the Rajya Sabha. The Chairman can further name a member who he thinks had disregarded his chair’s authority or in case abuses the rules of the council “repeatedly and intentionally” obstructing the house's proceedings. This type of situation would require the House to adopt a motion suspending the Member from the service of the House for a period not crossing the remainder of the session. ‌

Rule 256 : Suspension of the Members - Under this, the Chairman is empowered to suspend a member from the service of the Council for a period not exceeding the remainder of the session.

The suspensions for this year’s Winter Session of the Parliament come as a result of MPs creating a ruckus in the Houses, demanding a statement from Prime Minister Narendra Modi over the December 13 Parliament Security Breach incident. The MPs were seen holding placards and chanting slogans against PM Modi while asking the Union Home Minister Amit Shah to resign.