Udayavni Special

What is the standard procedure to suspend MPs from the House?


Team Udayavani, Sep 22, 2020, 1:30 PM IST

Eight opposition members of the Rajya Sabha were suspended on Monday for the rest of the session over the chaos in the House during Sunday’s passing of the farm bills.

But, the members, including Trinamool Congress’s Derek O’Brien, Aam Aadmi Party’s Sanjay singh, Congress’s Rajeev Satav and CPM’s KK Ragesh, refused to leave.

Later, They spread out sheets on the parliament lawns and staged a sit-in holding up placards that read “We will fight for farmers” and “parliament assassinated”

As reported by Indian Express, To ensure the proceedings will be carried in a “decent manner”, the Speaker/Chairman is empowered to force a Member to withdraw from the House.

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.

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.

Rules under which the presiding officer acts

Rule Number 373 of the Rules of Procedure and Conduct of Business states that in case the Speaker is of the opinion that the conduct of any member is “grossly disorderly”, he or she may direct that member to “withdraw immediately from the House”. The member is required to “do so forthwith”, and stay away from the “remainder of the day’s sitting”.

The Speaker may take recourse to Rules 374 and 374A.

According to Rule 374, “(1) The Speaker may, if deems it necessary, name a Member who disregards the authority of the Chair or abuses the rules of the House by persistently and wilfully obstructing the business thereof.”

(2) If a Member is so named by the Speaker, the Speaker shall, on a motion being made forthwith put the question that the Member (naming such Member) be suspended from the service of the House for a period not exceeding the remainder of the session: Provided that the House may, at any time, on a motion being made, resolve that such suspension be terminated.\

“(3) A member suspended under this rule shall forthwith withdraw from the precincts of the House.”

The Speaker may invoke Rule 374A in case of “grave disorder occasioned by a member coming into the well of the House or abusing the Rules of the House, persistently and wilfully obstructing its business by shouting slogans or otherwise”.

The member concerned, “on being named by the Speaker, stands automatically suspended from the service of the House for five consecutive sittings or the remainder of the session, whichever is less”.

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