Suspension of MPs: The rules, and the powers of presiding officers

Over this week, the two Houses of Parliament have suspended 27 MPs between them. Who can suspend MPs, and for how long? Can courts intervene in a matter of suspension of MPs?

Suspension of MPs – About, corresponding rules, court’s intervention
Disruption of Parliament – About, reasons, suspension as a solution

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Suspension of MPs
Rules under which the Presiding Officer/Chairman acts
- For Lok Sabha
- For Rajya Sabha
Can courts intervene in a matter of suspension of MPs?
Disruption of Parliament
Terms of suspension
Reasons behind the disruptions
Suspending MPs as solution to this issue

Suspension of MPs

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 Speaker/ Chairman is empowered to force a Member to withdraw from the House.

Rules under which the Presiding Officer/Chairman acts

For Lok Sabha

Rule Number 373 of the Rules of Procedure and Conduct of Business
- It empowers presiding officers to direct an MP to withdraw from the House for any disorderly conduct.
- This rule says that any Member so ordered to withdraw shall remain absent during the remainder of the day’s sitting.
Rules 374 and 374A – To deal with more recalcitrant (uncooperative)
- Rule 374 empowers the Presiding officers to name the legislators if the MP continues disrupting the House even after repeated warnings.
- After that, the House can move a motion to suspend the MP for a period not exceeding the remainder of the session
- Rule 374A was incorporated in the Rule Book in December 2001. The intention was to circumvent the necessity of adopting a motion for suspension.
  - Under this rule, the Speaker can name an MP, who shall then automatically stand suspended for five days or the remaining part 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.

For Rajya Sabha

Rule 255 of the Rule Book of Rajya Sabha
- 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 can not suspend its members without passing a motion for the same.

Can courts intervene in a matter of suspension of MPs?

Article 122 of the Indian Constitution says parliamentary proceedings cannot be questioned before a court.
In some cases, however, courts have intervened in the procedural functioning of legislatures.
For example, the Maharashtra Legislative Assembly passed a resolution in its 2021 Monsoon Session suspending 12 BJP MLAs for a year.
The matter came before the Supreme Court, which held that the resolution was ineffective in law beyond the remainder of the Monsoon Session.

Disruption of Parliament

Parliament’s job of conducting discussion on pressing issues gets affected by these disruptions.
As per the PRS report, the 16th Lok Sabha (2014-19) lost 16% of its scheduled time to disruptions.

Terms of suspension

The maximum period of suspension is for the remainder of the session.
Suspended members cannot enter the chamber or attend the meetings of the committees.
He will not be eligible to give notice for discussion or submission.
He loses the right to get a reply to his questions

Reasons behind the disruptions

Over the years, the political analysts and experts have discussed and identified four broad reasons leading to disorder in legislatures. These are:
- The lack of time available to MPs for raising important matters;
- The unresponsive attitude of the government and retaliatory posture by Treasury benches;
- Deliberate disruption by parties for political or publicity purposes; and
- The absence of prompt action against MPs disrupting parliamentary proceedings.

Suspending MPs as solution to this issue

In order to address the issue, the presiding officers are using the tool of suspension to take prompt action against MPs disrupting the proceedings.
However, every instance of suspension of an MP triggers strong sentiments on both sides.
- The ruling party of the day invariably insists on the maintenance of discipline, while opposition insists on its right to protest.
Hence, experts are of the opinion that a balance has to be struck, and the solution to unruly behaviour has to be long-term and consistent with democratic values.