Mass suspension of MPs – Breach and stain

Source: This post on mass suspension of MPs has been created based on the article “Express View on Opposition removal from Parliament: Breach and stain” published in Indian Express on 20th December 2023.

UPSC Syllabus Topic: GS paper 2 – Polity – Parliament and State Legislatures – structure, functioning, conduct of business, powers & privileges and issues arising out of these.

News: The article discusses recent problems in India’s Parliament, including security breaches and the suspension of 141 Opposition MPs.

What are the rules on suspension of MPs?

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What are the reasons behind the recent mass suspension of MPs?

Demanding a discussion: Opposition MPs were disrupting Parliament for demand of discussion on the security breach in Parliament.

Nature of Disruptions: Disruptions in Parliament have evolved over time into a political strategy, rather than spontaneous acts. These disruptions often involve shouting and entering the well of the House. These were seen as deliberate acts to stall proceedings, as noted by the Speaker of the 14th Lok Sabha, Somnath Chatterjee.

Government’s Authority in Parliamentary Proceedings: The Indian Constitution, drawing from the British parliamentary system, designed the Parliament primarily for the government to transact its business. The rules of parliamentary procedure give the government significant control over convening and conducting parliamentary proceedings.

What are the consequences of this mass suspension of MPs?

Reduced Representation: The suspension leaves five crore people that MPs represent, without a voice in Parliament.

Undermining Democratic Principles: The suspension is criticized for its disproportionality, suggesting a disregard for the essential democratic process of debate and opposition.

Negative Precedent for Legislatures: This action could set a concerning example for other legislative bodies, potentially encouraging similar measures against opposition parties elsewhere.

Historical Precedent: This mass suspension is unprecedented in scale, exceeding the past record of suspending 63 MPs during Rajiv Gandhi’s tenure.

What are Interventions by the Court?

Judicial actions are typically rare due to the principle of separation of powers:

Article 122 of the Constitution: It prevents courts from questioning parliamentary proceedings, safeguarding legislative independence.

Judicial Intervention Exceptions: Courts can step in for procedural violations or constitutional rights infringements.

Maharashtra Legislative Assembly Case (2021): An example where the Supreme Court intervened. The Assembly suspended 12 BJP MLAs for a year, but the Court deemed this excessive and limited the suspension to the session’s duration.

This instance highlights the court’s role in ensuring procedural correctness and protecting constitutional principles in legislative actions.

What should be done?

Ensure Open Investigation and Debate: Conduct transparent investigations into security breaches and encourage open discussions in Parliament, as demanded by the Opposition regarding the December 13 incident.

Reform Parliamentary Procedures: Update the procedural rules, which are based on the pre-independence British model, to reflect the collaborative essence of a modern democratic legislature.

Address Parliamentary Disruptions: To address deliberate disruption, Parliament could implement structured debates and improved conflict resolution methods.

Incorporate Opposition’s Voice: Parliament could enhance inclusivity and balance in the legislative process by allowing the Opposition a significant role in agenda-setting. This could mirror the UK House of Commons’ approach, where specific days are designated for the Opposition to raise issues.

Question for practice:

Examine the reasons behind the recent mass suspension of 141 Opposition MPs in India’s Parliament and the potential consequences of this action on democratic principles and legislative bodies.