Process of Suspension of MPs in Lok Sabha and Rajya Sabha/लोक सभा और राज्य सभा में सांसदों का निलंबन प्रक्रिया:

Why in News? Ten Opposition members of the Parliament’s Joint Committee on Waqf (Amendment) Bill, 2024, who protested against the last-minute change in the agenda of the meeting by Chairperson and BJP leader Jagdambika Pal, were suspended recently.

The suspension of Members of Parliament (MPs) in India can occur for various reasons, including disorderly conduct, violation of parliamentary rules, or non-compliance with the directions of the Speaker or the Chairman of the respective Houses.

1. Suspension in Lok Sabha (Lower House):

• Rule 374 of the Rules of Procedure governs the suspension of MPs in the Lok Sabha.
• The Speaker of the Lok Sabha has the authority to suspend a member if they are found guilty of misconduct, such as obstructing the proceedings, using offensive language, or failing to comply with the orders of the House.
• Suspension can happen for the remainder of the session or until further orders, depending on the severity of the offense.
• In cases of grave disorder, the Speaker can immediately name a member and suspend them.
• The suspension must be formalized with a motion, and the House may debate it. The Speaker, however, has the final say in many such matters, especially during moments of disorder.

2. Suspension in Rajya Sabha (Upper House):

• Rule 255 of the Rajya Sabha Rules governs the suspension of members.
• The Chairman of the Rajya Sabha has the authority to suspend a member. Similar to the Lok Sabha, suspension can occur if a member is found to be disruptive, engages in disorderly conduct, or does not follow the orders of the Chair.
• The Chairman may ask a member to withdraw immediately from the House, and the suspension can continue for a period as decided.
• A suspension motion in Rajya Sabha may be put forward for discussion. The Chairman can decide the length of suspension depending on the nature of the disruption.

Procedure for Suspension:

1. Naming the Member: When an MP violates the rules or engages in misconduct, the Speaker (Lok Sabha) or Chairman (Rajya Sabha) may “name” the MP, which means formally identifying them for their improper conduct.
2. Motion for Suspension: The Speaker/Chairman may propose a motion to suspend the MP. This motion is debated, and if agreed upon, the MP is suspended.
3. Vote on the Motion: The motion is then put to a vote. If it passes, the MP is suspended for the designated period.
4. Temporary Suspension: If the disruption is not very serious, the suspension can be temporary, lasting only for a day or during the session’s sitting. In other cases, the suspension could last longer.

History and Constitutional Provisions Related to Suspension of MPs:

• Constitutional Provisions: The Constitution of India does not explicitly deal with the suspension of MPs but provides for the powers of the Lok Sabha and Rajya Sabha under Article 105 (for Lok Sabha) and Article 106 (for Rajya Sabha). These Articles give Parliament the authority to make its own rules of procedure.
• Article 105 of the Constitution: This article defines the powers, privileges, and immunities of members of Parliament, including their ability to regulate their own proceedings.
• Article 106: Similar to Article 105, this applies to Rajya Sabha members and lays down the same powers concerning the procedures and privileges of members of the Rajya Sabha.
• Historical Cases:
  1. The 1976 Suspension of MPs: In 1976, several MPs were suspended from both Lok Sabha and Rajya Sabha for creating a disturbance during the proceedings. The period marked a time when the emergency was in effect, and disruptions in Parliament were dealt with more strictly.
  2. 2015 Incident – Suspension of 25 MPs: In 2015, 25 MPs from the Congress party were suspended from the Rajya Sabha for creating disruptions in the House, leading to a parliamentary standoff. They were accused of obstructing the proceedings and causing chaos, leading to their suspension for the rest of the session.
  3. 2018 – Suspension of Opposition MPs: In 2018, several MPs from opposition parties were suspended in Lok Sabha for protests, which disrupted the functioning of the House. These suspensions were controversial, and the opposition accused the government of using suspension as a tool to curb dissent.
• Judicial Review and Cases: The suspension of MPs is an internal matter for Parliament and is largely governed by its rules. However, the courts have intervened in cases where the suspension appeared to violate constitutional provisions or where the rules were not followed properly.
  • Keshav Singh v. Speaker, Lok Sabha (1964): This case dealt with the issue of the Speaker’s powers to suspend a member. The Supreme Court held that the Speaker of the Lok Sabha has wide discretionary powers, but the exercise of this power must not be arbitrary or unreasonable.
  • Indrajit Gupta v. Union of India (1975): This case is often quoted when discussing the powers of the Parliament in regulating its procedures, including the suspension of MPs. The Court upheld the power of Parliament to conduct its proceedings in the manner it deems fit, including the power to suspend MPs for disorderly conduct.
  • Ramesh Chandra v. Union of India (1988): In this case, the Supreme Court discussed whether a suspended MP should continue to receive their salary and allowances during the period of suspension. The Court ruled that a member suspended for disorderly conduct is not entitled to allowances and benefits during the suspension period.

Conclusion:

The suspension of MPs is a tool available to the Speaker (Lok Sabha) and Chairman (Rajya Sabha) to ensure the smooth functioning of Parliament. It is grounded in the procedural rules established by both Houses, and the power to suspend MPs is exercised to maintain order and discipline. While Parliament has the constitutional authority to regulate its proceedings, judicial review remains available to address any issues related to the arbitrary or excessive use of this power.