Context: Recently, Rajya Sabha MP Derek O’Brien was suspended from the Rajya Sabha for the remainder of the session under Rule 256.
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- Leader of the House in Rajya Sabha moved a resolution under Rule 192 to refer the issue to the committee of privileges of the Rajya Sabha.
- In 2021 , 12 Opposition members were suspended from the Rajya Sabha for unprecedented acts of misconduct, unruly violent behavior and intentional attacks on security personnel.
Committee of Privileges
- Mandate: The mandate of the committee is to examine such cases and “make such recommendations as it may deem fit”.
- It can call the relevant people and related documents as part of its examination.
- It submits a report and if the Council has not fixed any time for its presentation, the report shall be presented within one month of the date on which reference was made to the Committee .
- Lok Sabha: It consists of 15 Members nominated by the Speaker.
- Rajya Sabha: It consists of 10 members and is nominated by the Chairman of Rajya Sabha. In the Rajya Sabha, the deputy chairperson heads the committee of privilege.
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Process of Suspension of MPs
| Process of Suspension of MPs from the Rajya Sabha |
Process of Suspension of MPs from the Lok Sabha |
- Rule 255: Chairman can direct any Member whose conduct is in his opinion grossly disorderly to withdraw immediately.
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- Rule 373:If the speaker is of the opinion that the conduct of any Member is grossly disorderly he/she may direct such Member to withdraw immediately from the House.
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- Rule 256 : Under it, the chairman can suspend a member for a period not exceeding the remaining period of the session.
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- Rule 374:Speaker may suspend a member who disregards the authority of the Chair or abuses the rules of the House by persistently and wilfully obstructing the business
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- Rule 374A:Speaker may suspend a member in an event of grave disorder by a Member such as coming into the well of the House or abusing the Rules of the House persistently and wilfully obstructing its business by shouting slogans.
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Also Read: An MP Expelled From Lok Sabha In Cash For Query Case
Implications of Suspension of MPs
- Prohibited to attend the meetings: . Suspended MPs are not allowed to enter the chamber or attend any meetings of the committees.
- No notices : Suspended MPs are not allowed to give any notices for discussions etc
- No replies to questions: By convention a suspended loses its right to get replies to his her questions.
Revocation of Suspension of MPs
Lok Sabha:
- The Speaker has the authority to suspend a Member, but the power to lift this suspension is not within her jurisdiction.
- The House, if it wishes, decides through a motion to revoke the suspension.
Rajya Sabha:
- The House by motion terminates the suspension.
Parliamentary Etiquette
- Rules: MPs are advised to adhere to certain rules of the parliament
- Examples : Lok sabha rule book says that MPs should not intervene in the speech of others.
- Decorum of the house: Members should members should not shout slogans, display placards, tear up documents in protest, and play a cassette or a tape recorder in the House
Judiciary Role in Suspension of MPs
- Article 122 says that parliamentary proceedings cannot be enquired in the court of law.
News Source: Economic Times
December 15, 2023
