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Rules that can MPs suspended from Parliament

  • Posted By
    10Pointer
  • Categories
    Polity & Governance
  • Published
    27th Jul, 2022

Context

Recently 19 Member of Parliament (MP) got suspended from Rajya Sabha for a week.

The general principle

  • The general principle is that 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.

How are Rajya Sabha MPs suspended?

  • In the Rajya Sabha, the suspension of a member is governed by Rule 256.
  • The Rajya Sabha Chair can only suspend a member through a motion.
    • The Chair names a member, following which the House takes up a motion to suspend that member for a period not more than the remaining of the session, according to Rule 256(2).
    • While the Chair cannot suspend a member by themselves, the Chair can ask the member to leave the House.

Similarity & dissimilarity

  • Unlike the Lok Sabha, the Rajya Sabha Chairperson does not have the power to suspend a member.
  • Similar to Lok Sabha, a Rajya Sabha member can be suspended if the member "disregards the authority of the Chair or abuses the rules of the Council by persistently and willfully obstructing the business thereof”.
  • Rule 255 dictates: "The Chairman may direct any member whose conduct is in his opinion grossly disorderly to withdraw immediately from the Council and any member so ordered to withdraw shall do so forthwith and shall absent himself during the remainder of the day’s meeting." 

How are Lok Sabha MPs suspended?

  • In the Lok Sabha, Rules 374 and 374(A) give the Speaker the power to suspend a member either through a motion or by themselves. 
  • Rule 374(A) gives power to the Speaker to "automatically suspend" a member in case of "grace disorder".

 

Verifying, please be patient.