Suspension of MPs from Parliament
- 28 Jul 2023
- 6 min read
Why in News?
Recently, one of the MPs (Member of Parliament) of the Rajya Sabha has been suspended for “violating” the directives of the chair.
- The Rajya Sabha has been witnessing protests from the opposition over the Manipur Issue. They are demanding the Prime Minister's response to the matter, and as a result, one of the involved MPs was suspended.
What is the Process of Suspension of MPs?
- General Principle:
- The general principle is that 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.
- 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 of Procedure and Conduct:
- 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.
What are Interventions by the Court?
- Article 122 of the Constitution says parliamentary proceedings cannot be questioned before a court.
- Although courts have intervened in the procedural functioning of the legislature like,
- 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.
- It is difficult to deal with planned parliamentary offenses and deliberate disturbances for publicity or political reasons.
- So, opposition members should play a constructive role in Parliament and they should be allowed to put forward their views and express themselves in a dignified manner.
- There is a need to strike a balance between deliberate disruption and raising the important issue.