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Suspension of MPs from Parliament

Suspension of MPs from Parliament- Relevance for UPSC Exam

GS Paper 2: Indian Constitution- Parliament and State Legislatures – structure, functioning, the conduct of business, powers & privileges and issues arising out of these.

Recently, 12 Opposition MPs have been suspended from Rajya Sabha for the rest of the Winter Session for disruptions in Rajya Sabha during the Monsoon Session.
The reason for their suspension was “their unprecedented acts of misconduct, contemptuous, unruly and violent behaviour and intentional attacks on security personnel” in the House.

Parliamentary Rulebook: MPs are required to adhere to certain rules of parliamentary etiquette. Lok Sabha rulebook (similar to Rajya Sabha also specifies certain codes of conduct for MPs like-
- MPs are not to interrupt the speech of others, maintain silence and not obstruct proceedings by hissing or making running commentaries during debates.
- Members should not shout slogans, display placards, tear up documents in protest, and play a cassette or a tape recorder in the House.

To conduct the proceedings smoothly, the rulebook of respective Houses gives certain, similar powers to the presiding officers of both Houses.
Rule 255 of Rajya Sabha Rulebook: It says, “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 provides for ‘Suspension of Member’; whereas Rule 255 provides for lesser punishment.
Rule 256 of Rajya Sabha Rulebook: It allows for suspension “for a period not exceeding the remainder of the session”.
- The Chairman of R.S used this to suspend 12 MPs.
Rule 374A of Lok Sabha Rulebook: It was added in 2001 which empowers the Speaker of Lok Sabha to automatically suspend an MP for a maximum of five days for disrupting the business of the House.
- In 2015, Speaker Sumitra Mahajan used this rule for suspending 25 Congress MPs.
- This power is not available to the Chairman of the Rajya Sabha.
Powers of Chairman and Speaker
- Similarity: Like the Speaker in Lok Sabha, the Chairman of Rajya Sabha is empowered under Rule Number 255 of its Rule Book to “direct any Member whose conduct is in his opinion grossly disorderly to withdraw immediately” from the House.
- Dissimilarity: Unlike the Speaker of Lok Sabha, the Rajya Sabha Chairman does not have the power to suspend a member.

Suspension procedure:
- Chairman of the Rajya Sabha may “name a member who disregards the authority of the Chair or abuses the rules of the Council by persistently and willfully obstructing” business.
- In such a situation, the House may adopt a motion suspending the Member from the service of the House for a period not exceeding the remainder of the session.
Termination of Suspension: The House may terminate the suspension of a member by passing another motion.

shivam