Why is it in the News?

Fourteen MPs have been suspended for "unruly conduct" as stormy scenes played out in Parliament in the wake of the massive security breach recently.

Context:

• A total of 14 MPs, 13 from Lok Sabha and one from Rajya Sabha, were suspended from Parliament on Thursday for the remainder of the Winter Session.
  • This follows after stormy scenes played out in Parliament on Thursday, December 14, in the wake of the massive security breach a day before.
• Earlier in the day, TMC member Derek O'Brien was suspended from the Rajya Sabha for the remainder of the Winter session for "unruly behaviour" and "misconduct".

Suspension of MPs:

• The Presiding Officer, whether the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha, plays a crucial role in maintaining order for the smooth functioning of the House.
• Empowered to uphold proper proceedings, the Speaker/Chairman has the authority to compel a Member to withdraw from the House, ensuring the orderly conduct of parliamentary affairs.

What are the Rules under which the Presiding Officer/Chairman acts?

• In Lok Sabha: Rule 373 of the Rules of Procedure and Conduct of Business empowers presiding officers to direct an MP to withdraw for disorderly conduct.
  • The suspended Member must remain absent for the remainder of the day's sitting.
  • Rules 374 and 374A are invoked for more persistent disruptions.
  • Rule 374 allows the Speaker to name legislators for continued disruptions, leading to a motion for suspension not exceeding the session's remainder.
  • Rule 374A, added in December 2001, facilitates automatic suspension for five days or the remaining session part.
• In Rajya Sabha: Rule 255 grants the Chairman the authority to immediately direct withdrawal for disorderly conduct.
  • Rule 256 enables the Chairman to name members persistently disregarding the Chair's authority or abusing Council rules.
  • The House may then pass a motion for suspension not exceeding the session's remainder.
  • Unlike Lok Sabha, Rajya Sabha cannot suspend members without a formal motion.

Judicial Oversight in MP Suspension Cases:

• While Article 122 of the Indian Constitution shields parliamentary proceedings from judicial review, there are instances of courts intervening in legislative procedures.
  • In a case involving the Maharashtra Legislative Assembly's 2021 Monsoon Session, where 12 BJP MLAs were suspended for a year, the Supreme Court stepped in.

The Court ruled that the assembly's resolution had legal limitations and was only applicable for the duration of the Monsoon Session, underscoring the judiciary's role in assessing the legality and effectiveness of legislative actions.