Suspension of MLAs

Why in news?

• West Bengal Legislative Assembly Speaker revoked the suspension of seven MLAs, including that of Leader of the Opposition.

How MLAs are suspended?

• The Speaker may direct any member who refuses to obey his decision, or whose conduct is, in his opinion, grossly disorderly, to withdraw immediately from the Assembly.
• The member must absent himself during the remainder of the day’s meeting.

Provisions for Suspension of a Member of Parliament:

• Rules 373, 374, and 374A of the Rules of Procedure and Conduct of Business in Lok Sabha provide for the withdrawal of a member whose conduct is “grossly disorderly”, and suspension of one who abuses the rules of the House or willfully obstructs its business.
• The maximum suspension as per these Rules is “for five consecutive sittings or the remainder of the session, whichever is less”.
• The maximum suspension for Rajya Sabha under Rules 255 and 256 also does not exceed the remainder of the session.
• Similar Rules also are in place for state legislative assemblies and councils which prescribe a maximum suspension not exceeding the remainder of the session.
• Article 212 (1):
  • It states that “The validity of any proceedings in the Legislature of a State shall not be called in question on the ground of any alleged irregularity of procedure”.

PRACTICE QUESTION:

Consider the following statements:

1. The power to suspend a member of legislative assembly lies with the Governor

2. Constitution provides detailed provisions regarding suspension of MLAs

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

                   D

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