Why is it in the News?

In a major escalation of tensions between the Opposition and the government, 78 MPs were suspended from both Houses of Parliament on Monday, taking the total number of suspended MPs in this session to 92, both figures unprecedented in the history of the Indian Parliament. Opposition leaders termed it a “murder of democracy.”

Why were the MPs suspended?

• The MPs in both Houses were suspended for disrupting Parliamentary proceedings while protesting the December 13 Parliament security breach.
• 78 Opposition MPs were suspended from both Houses of Parliament on Monday, taking the total number of parliamentarians suspended during the ongoing Winter Session to 92.
• Of the 78 Opposition MPs, 33 were suspended from Lok Sabha and 45 from Rajya Sabha, marking the highest number of suspensions in a day.
• This comes just days after 14 Opposition lawmakers were suspended from Parliament for similar reasons.
• The suspension of 78 Opposition MPs in a single day has overtaken the previous such instance of large-scale suspension of MPs in 1989 when 63 MPs had been suspended.

Why do MPs Disrupt Parliament?

• There is an old tradition, irrespective of which party or alliance is in opposition, of MPs causing a ruckus inside Parliament.
• “Over the years, four broad reasons have been identified for disorder in legislatures.
  • the lack of time available to MPs for raising important matters
  • the unresponsive attitude of the government and retaliatory posture by Treasury benches
  • deliberate disruption by parties for political or publicity purposes, and
  • the absence of prompt action against MPs disrupting Parliamentary proceedings.
• Over the decades, the say the Opposition has in deciding the Parliamentary calendar has been reducing.
• Not only does the Government set the agenda in Parliament and decide how much time will be dedicated to any issue, but Parliamentary procedure also prioritises government business over other matters.
• Parliament has not updated its rules over the last 70 years in this regard.
• All parties have disrupted Parliament — and their view on disruptions has been determined almost always by whether they are in power or not.

Who Can Suspend the MPs?

• The Presiding Officer — the Speaker of LS and Chairman of RS — plays a major role in meting out suspensions.
  • In Lok Sabha, the Speaker acts in accordance with Rules 373, 374, and 374A of the Rules of Procedure and Conduct of Business.
  • In Rajya Sabha, the Chairman acts as per Rules 255 and 256 of the Rules.
• The procedure in both Houses is largely similar.

Under what circumstances can MPs be suspended from Lok Sabha?

• Rule Number 373, as outlined in the Rules of Procedure and Conduct of Business, grants the Speaker the authority to promptly instruct a Member to withdraw from the House if their conduct is deemed grossly disorderly.
  • Any Member ordered to withdraw must comply immediately and remain absent for the remainder of the day's sitting.
• Rule Number 374 empowers the Speaker to name a Member who persistently and willfully obstructs the business of the House or disregards the authority of the Chair.
  • Once named, the Speaker, upon a motion being made, shall expeditiously put forth the question of suspending the Member from the service of the House for a duration not exceeding the remainder of the session.
  • It is necessary for a Member suspended under this rule to leave the House premises immediately.

What are the rules for suspending MPs from the Rajya Sabha?

• In Rajya Sabha, the suspension of members is regulated by Rule 256.
• Unlike Lok Sabha, the Chairperson of Rajya Sabha lacks the authority to unilaterally suspend a member.
• Instead, suspension can only occur through a motion presented to the House.
• Rule 256(2) specifies that the Chair, upon naming a member, initiates a motion to suspend the said member for the duration of the remaining session.
• While the Chair lacks the power to independently suspend a member, they retain the authority to instruct the member to leave the House, as stipulated by Rule 255.
• This rule empowers the Chairman to direct the immediate withdrawal of any member whose conduct is deemed grossly disorderly, with the member obliged to absent themselves for the remainder of the day's meeting.

While these rules have mostly remained unchanged since 1952, in 2001, the Lok Sabha further empowered the Speaker to deal with “grave and disorderly conduct.” As per the new rule (Rule 374A), an MP “named” by the Speaker shall automatically stand suspended for a period of five days or the remaining part of the session. This rule removes the need for the House to pass a motion for suspension. Notably, the Rajya Sabha has not incorporated this provision in its procedures.

How Long Can MPs Be Suspended?

• Mild offences are punished by admonition or reprimand, with the latter being the more serious of the two punishments.
  • After this comes the punishment of “withdrawal.”
• As per Rule Number 373 in Lok Sabha’s Rules of Procedure and Conduct of Business: “The Speaker, if he is of the opinion that the conduct of any Member is grossly disorderly, may direct such Member to withdraw immediately from the House, and any Member so ordered to withdraw shall do so forthwith and shall remain absent during the remainder of the day’s sitting.”
• However, continuing to disregard the Presiding Officer’s directions can invite the punishment of suspension.
  • A member can be suspended, at the maximum, for the remainder of the session only.
  • Moreover, the House, at any point in time, can reinstate a suspended member by passing a motion.
• In cases of extreme misconduct, the House may expel a member “to rid the House of persons who are unfit for membership.”

Is Suspending MPs Common Practice?

• While it is a strong step, it is not uncommon. However, the number of suspensions has gone up over the last few years.
• At least 149 suspensions have been meted out, both Houses included, since 2019, compared with at least 81 in 2014-19, and at least 36 in 2009-14.
• “In most cases, disorders in the House arise out of a sense of frustration felt by members due to lack of opportunities to make his point or clear his chest of grievances of the people that move him or out of the heat of the moment.
• “What is more difficult to tackle is planned parliamentary offences and deliberate disturbances for publicity or for political motives.
• In many ways, it falls on the Presiding Officer to maintain a crucial balance in the House.

Conclusion

While maintaining the essential enforcement of the Speaker's supreme authority for the smooth conduct of parliamentary proceedings, it is imperative to underscore that the Speaker's role is primarily centred around managing the House rather than asserting dominance over it. A viable solution, therefore, needs to be devised with a focus on long-term sustainability, adherence to democratic values, and alignment with the dynamic and evolving context of India.