Wednesday, September 30, 2020

Suspension of an MP and Revocation of a MP's suspension in India

1.What is the reason for suspending an MP in the Lok Sabha?

A. The general principle is that it is the role and duty of the Speaker of Lok Sabha to maintain order so that the House can function smoothly. This is a daunting task even at the best of times.

B. In order to ensure that proceedings are conducted in the proper manner, the Speaker is empowered to force a Member to withdraw from the House (for the remaining part of the day), or to place him/her under suspension.


2.What are the rules under which the Speaker acts?

A. Rule Number 373 of the Rules of Procedure and Conduct of Business says: “The Speaker, if is of the opinion that the conduct of any Member is grossly disorderly, may direct such Member to withdraw immediately from the House for the remainder of the day’s sitting.”

B. To deal with more recalcitrant Members, the Speaker may take recourse to Rules 374 and 374A of the Rules of Procedure and Conduct of Business.

Rule Number 374 is invoked by Speaker for suspending the member from the service of the House for a period not exceeding the remainder of the session in the event of disregarding the authority of the Chair or abusing the rules of the House by persistently and wilfully obstructing the business by that member.

Rule Number 374A is invoked by Speaker for automatic suspension of member of the House – for five consecutive sittings or the remainder of the session, whichever is less in the event of grave disorder occasioned by a Member.

What is the procedure for revocation of a Member’s suspension?

A. While the Speaker is empowered to place a Member under suspension, the authority for revocation of this order is not vested in him. It is for the House, if it so desires, to resolve on a motion to revoke the suspension.


What happens in Rajya Sabha?

A. Like the Speaker in Lok Sabha, the 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 for remainder of the day.

B. Unlike the Speaker, however, the Rajya Sabha Chairman does not have the power to suspend a Member.

C.The Chairman of the Rajya Sabha may “name a Member who disregards the authority of the Chair or abuses the rules of the Council by persistently and wilfully obstructing” business of the house. In such situation, the Rajya Sabha may adopt a motion suspending the Member (who disregarded the authority of the Chair or abused the rules of the Council by persistently and wilfully obstructing business) from the service of the House for a period not exceeding the remainder of the session.

D.The Rajya Sabha may, however, by another motion, terminate the suspension.


📝Thus, Chairman of Rajya Sabha does neither have the power of suspension nor have the power of revocation of it.



No comments:

Post a Comment