Suspension of Member of Parliament

Suspension of Member of Parliament - Background Context

Cracking down the disorderly and lawless MP’s, the Lok Sabha Speaker (16th speaker), Sumitra Mahajan took an initiative to suspend 45 Lok Sabha Member of Parliament (MP’s) belonging to Telugu Desam Party (TDP) and AIADMK (All India Anna Dravida Munnetra Kazhagam), after they created affray in the Lok Sabha house and contributed towards continuous disruption in the Lok Sabha proceedings. Rule 374A of the Lok Sabha makes the provision to carry out such actions. As a result of this suspension, MP’s cannot attend the remaining days of the session. This is among many tools made available to the Speaker, the forceful action to make MP’s withdraw from the house (for remaining session of the day) or to place them under suspension.

Suspension of Member of Parliament

Rule 373 of the Procedure and Conduct of Business

  • It specifies/mentions that in situation, where the speaker finds or witnesses the repeatedly lawless/disorderly behaviour or gross misconduct of any given MP(s) (regardless of the party they belong), the speaker may initiate the suspension of the MP’s involved in the misbehaviour or misconduct. The speaker may ask (that/those) MP’s to withdraw from the house with immediate effect. Thus the suspended MP(s) is expected to “do so forthwith” for remaining session of the day.
  • The speaker may initiate/invoke the process as mentioned in Rule 374A of Rule Book for repetitive, gross misconduct behavior or lawless/disorderly conducts occasioned by the MP(s) stepping within the House or abusing the Rules of the House and deliberately obstructing the concerned business of the House by shouting slogans or similar activities. The nuisance/messing Member of Parliament MP(s) on being called by the name by the respective Speaker of Lok Sabha, stands suspended for adjacent/consecutive five sitting or the remaining session of the day, whichever is less.
  • These actions (suspension of MP’s) initiated by the Speaker (Lok Sabha) are irreversible i.e. the suspension of the MP’s initiated cannot be revoked by the respective Speaker.

Similar authoritative powers of Chairman of Rajya Sabha

  • Mentioned within the Rule Book of Rajya Sabha, Rule no. 255 specifies that the Chairman of the Rajya sabha may ask/direct (forcefully) to any member whose behaviour/conduct is not acceptable within the walls of the House to withdraw from the house with immediate effect and may remain suspended for remainder of the session. The concerned member of Rajya Sabha do so forthwith for the remaining session of the day.
  • The Chairman may initiate/invoke the process as mentioned in Rule 255 of Rule Book for repetitive, gross misconduct behavior or lawless/disorderly conducts occasioned by the member stepping within the House or abusing the Rules of the House and deliberately obstructing the concerned business of the House by shouting slogans or similar activities. The nuisance/messing Member, being called by name by the respective Chairman of Rajya Sabha, however it is the house (Rajya Sabha) which may adopt the activity/motion suspending the member, for time period not exceeding the remainder of the session. The House (Rajya Sabha) may, however by other activity/motion may terminate the suspension. Unlike the Speaker of House (Lok Sabha), the Chairman of the House (Rajya Sabha) does not have authoritative power to suspend the member.

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