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General Studies Paper 2

 Context

• Recently, 5 Members of Parliament were suspended from the houses during the monsoon session.

Rules regarding the suspension of MP

• Both Houses of Parliament possess the power to discipline recalcitrant members so that they can function undisturbed.
• This power is given to ensure the smooth functioning of the Houses and to punish those who create disorder.
• Rule 374 of the Lok Sabha empowers the chair to name the member who “disregards the authority of the Chair or abuses the rules of the House by persistently and wilfully obstructing the business thereof” — whereupon the government brings a motion instantly to seek the approval of the House to suspend that member.
• When the House adopts the motion, the member stands suspended.
• Rule 256 of the Rajya Sabha is identical
• On suspension, the member is required to immediately leave the House or he will be forcefully removed
• As the member is temporarily disqualified, he is not allowed to attend the meetings of the House or any meeting of the committees of which he may be a member, during his suspension.
• Similarly, he won’t be allowed to give any notice of questions, motions or resolutions. In effect, he is compelled to remain a non-member during this period.

Concern over recent suspension of MP

• As, we discussed, suspension of a member can be done only in accordance with the rules (374 and 256). Further, residuary powers under Rule 266 of the Rajya Sabha can be invoked only when the House has to deal with matters that are not explicitly provided for in the rules.
• Suspension is expressly provided for in rule 256, and therefore residuary powers of the Chairman cannot be invoked.
• The suspensions for an indefinite period and therefore do not conform to the rules.
• As The Supreme Court held in Ashish Shelar vs Maharashtra Legislative Assembly (2022) that any suspension beyond the period prescribed in the rules is unconstitutional
• The court said, “If the resolution passed by the House was to provide for suspension beyond the period prescribed under the said rule, it would be substantially illegal, irrational and unconstitutional”.
• Therefore, Willful and persistent obstruction of the business alone qualifies for the naming and suspension of a member. Moreover, suspension cannot be for an indefinite period

Right to punish a member is vested in the House only, and not in the Chair

• As per the rule, the right to punish a member is vested in the House only, and not in the Chair. So, if the motion is not passed by the House, the member is not suspended.
• Under the above rules, the maximum period of suspension is until the end of that session. The rules also provide for the termination of suspension at any time.

Suspension should be used as last resort by the house

• Suspension is resorted to as a last step. It should be done when there is blatant and shocking defiance of the Chair persistently by the member.
• Similarly, willful and persistent obstruction of the business alone qualifies for the naming and suspension of a member.
• This means that a very aggravated form of defiance and obstruction can, in itself, leave the Chair with no option other than suspension of the member
• Secondly, suspension is a temporary punishment that can be revoked even the next day.
• There are numerous instances in both Houses when suspension has been revoked within a day or two, even though the members were initially suspended for the remainder of the session
• The basic principle is that the House needs the uninterrupted services of all its members and so suspension is to be a last resort.

Conclusion

• The legislative houses are in turmoil due to a variety of political reasons. The political class has the task of finding ways to end the turmoil and bring harmony to our legislatures.
• Exercising the disciplinary powers of the House cannot be the only effective way to run the supreme legislative body of the country. The true genius lies in finding and applying the right methods to carry out business of the house.