Suspension of 12 MPs for entire Winter Session is worrying

News: 12 Rajya Sabha MPs have been suspended for the remainder of the session for bringing disorder in the house.

What are the suspension rules of the Rajya Sabha?

Why the present suspension is a cause of concern?

Sub Rule 2 of Rule 256 clearly indicates that the matter of suspension cannot be adjourned to a later period. It has to be solved at that time(Session) only.

So, the present suspension of these MPs did not follow the procedure prescribed in Rule 256. Their suspension was invoked in the monsoon session and the winter session is a new session, so the suspension is not valid for this new session.

From the academic perspective, it can be said that rules under which members were suspended do not allow such suspension. But the House is supreme in these matters, and the chair has absolute powers to interpret the rules.

What should be done?

The courts have said that courts will intervene in the management of the house only when it does something patently unconstitutional.

So, the Parliament should learn that the solution to disruptions does not lie in suspension.

Source: This post is based on the article “Suspension of 12 MPs for entire Winter Session is worrying” published in the Indian Express on 10th December 2021.