Suspension of Members of the Parliament

in News?

• Seven Congress members were recently suspended for unruly behaviour in the Lok Sabha. The motion was passed by a voice vote.

Provisions in this regard:

• Among the tools available to the Speaker for ensuring discipline is the power to force a member to withdraw from the House (for the remaining part of the day), or to place him under suspension.
• Rule Number 373 of the Rules of Procedure and Conduct of Business states that in case the Speaker is of the opinion that the conduct of any member is “grossly disorderly”, he or she may direct that member to “withdraw immediately from the House”. The member is required to “do so forthwith”, and stay away from the “remainder of the day’s sitting”.
• Rule 373 – Speaker’s power to direct a Member to withdraw immediately from the House.
• Rule 374 – To deal with more recalcitrant Members
• The Speaker may invoke Rule 374A in case of “grave disorder occasioned by a member coming into the well of the House or abusing the Rules of the House, persistently and wilfully obstructing its business by shouting slogans or otherwise…”. The member concerned, “on being named by the Speaker, stands automatically suspended from the service of the House for five consecutive sittings or the remainder of the session, whichever is less”.
• While the Speaker is empowered to place a member under suspension, the authority for revocation of this order is not vested in her. It is for the House, if it so desires, to resolve on a motion to revoke the suspension.

Similar powers to the Chairman of Rajya Sabha:

• Chairman of the Rajya Sabha is empowered — under Rule Number 255 of its Rule Book — to “direct any member whose conduct is in his opinion grossly disorderly to withdraw immediately” from the House. “…Any member so ordered to withdraw shall do so forthwith and shall absent himself during the remainder of the day’s meeting.”
• The Chairman may “name a member who disregards the authority of the Chair or abuses the rules of the Council by persistently and wilfully obstructing” business. In such a situation, the House may adopt a motion suspending the member from the service of the House for a period not exceeding the remainder of the session.
• The House may, however, by another motion, terminate the suspension. Unlike the Speaker, the Rajya Sabha Chairman does not have the power to suspend a member.

PRELIMS QUESTION:

Q. Consider the following statements regarding Suspension of Members of the Parliament

1.The Speaker of Lok Sabha is empowered to force a Member to withdraw from the House or to place him/her under suspension.

2.The authority for revocation of suspension order is vested in the President.

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

Answer to Prelims question