In News:

• Over this week, the two Houses of Parliament have suspended 27 MPs (23 from the Rajya Sabha and 4 from the Lok Sabha MPs)
• The Rajya Sabha suspensions are for the remaining part of this week, and those from Lok Sabha are for the rest of the session.

What’s in Today’s Article:

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

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.