Procedure for Suspension of Members of Parliament- UPSC Current Affairs

Probable Question

Due to restrictions imposed by various laws and tools, the Members of the Parliament are not able to perform their functions effectively. Critically comment.

Context

Recently, Nineteen opposition members were suspended from Rajya Sabha for a week for “unruly behavior”.

About Suspension from Parliament

It is the role and duty of the Presiding Officer, Speaker in Lok Sabha, and Chairman in Rajya Sabha, to maintain order so that the House can function smoothly, thus to ensure it several rules are prescribed, such as under The Rules of Procedure and Conduct of Business:

• Rule 373: To ensure that proceedings are conducted in the proper manner, the Speaker/ Chairman is empowered to force a Member to withdraw from the House.
• Rule 374:
  • 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.
  • If a Member is so named by the Speaker, the Speaker shall, on a motion being made forthwith put the question that the Member (naming such Member) be suspended from the service of the House for a period not exceeding the remainder of the session: Provided that the House may, at any time, on a motion being made, resolve that such suspension be terminated.
  • A member suspended under this rule shall forthwith withdraw from the precincts of the House.”
• Rule 374A:
  • Notwithstanding anything contained in rules 373 and 374, in the event of grave disorder, such Member shall, on being named by the Speaker, stand automatically suspended from the service of the House for five consecutive sittings or the remainder 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.
  • On the Speaker announcing the suspension under this rule, the Member shall forthwith withdraw from the precincts of the House.

Termination in Case of Rajya Sabha: Under the General Rules of Procedure of the Rajya Sabha

• Rule 255: 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.
• Rule 256: The Chairman may, if he deems it necessary, name a member who disregards the authority of the Chair or abuses the rules of the Council by persistently and wilfully obstructing the business thereof.

Suspension of the members of the legislative houses are often criticized as well as supported by those in power and those in opposition. Order and discipline in the house is important for efficient functioning of the house, however tools designed to ensure discipline and order shall not be used to curb the dissent and healthy debates in the public interest.

News Source: The Indian Express

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