Rules for Suspension of MPs – 78 Opposition MPs suspended

Source: The post on Rules for Suspension of MPs is based on the article “78 Opposition MPs suspended, most ever in a day: Why this happened, what Parliament rules say” published in “Indian Express” on 19th December 2023

Why in the News?

78 Opposition MPs from Lok Sabha and Rajya Sabha have been suspended for disrupting Parliamentary proceedings.

What are the rules on the suspension of MPs?

The Presiding Officers — the Speaker of Lok Sabha and Chairman of Rajya Sabha plays the major role in suspensions of Members of Parliament (MPs).

In Lok Sabha, the Speaker acts in accordance with Rules 373, 374, and 374A of the Rules of Procedure and Conduct of Business. In Rajya Sabha, the Chairman acts as per Rules 255 and 256 of the Rules.

1) Rule 373 and Rule 255: The presiding officers can direct an MP to withdraw from the House for any disorderly conduct.

2) Rule 374 and Rule 256: The presiding officer can “name” the legislator if the MP continues to disrupt the House proceedings, After that, the House can move a motion to suspend the MP until the end of the session.

3) Rule 374A: It was incorporated in the Rule Book of Lok Sabha in 2001. It empowers the Speaker to deal with grave and disorderly conduct. As per this rule, an MP “named” by the Speaker shall automatically stand suspended for a period of five days or the remaining part of the session. This rule removes the need for the House to pass a motion for suspension.

– Note: Rajya Sabha has not incorporated this provision in its procedures.

How long can MPs be suspended for?

Maximum for the remaining part of the session only.

But, the House at any point of time can reinstate a suspended member by passing a motion.

Can courts intervene in a matter of suspension of MPs?

Article 122 of the Constitution says parliamentary proceedings cannot be questioned before a court. However, in some cases, courts have intervened in the procedural functioning of legislatures. 

UPSC Syllabus: Polity