Context: Rajya Sabha suspended some of its Member of Parliament (MP) under Rule 256.
Suspension of the Member from the Houses
Provisions for Suspension of a Member
Rule of Procedure and Conduct of Business in Lok Sabha
Rule 374: Suspension of the Member
- 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.
- 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.
- A member suspended under this rule shall forthwith withdraw from the precincts of the House.
Rule of Procedure and Conduct of Business in the Lok Sabha
Rule 256: Suspension of the Member
- The Chairman may, if he deems it necessary, name a member who disregards the authority of the Chair or abuses the rules of the Council by persistently and willfully obstructing the business thereof.
- If a member is so named by the Chairman he shall forthwith put the question on a motion being made, no amendment, adjournment or debate being allowed, that the member (naming him) be suspended from the service of the Council for a period not exceeding the remainder of the Session: Provided that the Council may, at any time, on a motion being made, resolve that such suspension be terminated.
- A member suspended under this rule shall forthwith quit the precincts of the Council.
Rule 266: Residuary Powers
All matters not specifically provided for in these rules and all questions relating to the detailed working of these rules shall be regulated in such manner as the Chairman may, from time to time direct.
Overview of the Rules
- They are meant to clear obstruction in the House so that business can be conducted without obstruction
- They have an element of punishment in them, on suspension, the member is required to immediately leave the House, or he will be forcefully removed.
- 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.
- The maximum period of suspension is until the end of that session.
- The rules provide for the termination of suspension at any time.
- The member is temporarily disqualified in as much as 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.
- The member won’t be allowed to give any notice of questions, motions or resolutions, he is compelled to remain a non-member during the period of such suspension.
Ambit of the Rules
- Power of Presiding officer
- It refers to a blatant and shocking defiance of the Chair persistently by the member.
- Under the rules, disregarding the authority of the Chair does not mean that the Chair can name a member for lack of cooperation.
- The rules apply when there is a very aggravated form of defiance and obstruction that leaves the Chair with no option other than suspension of the member.
- Period of Suspension
- The nature of suspension is a temporary punishment that can be revoked anytime.
- Even when a member is suspended for the remainder of the session it can be revoked within a day or two.
- The basic principle is that the House needs the uninterrupted services of all its members, who are the representative of the people, suspension is to be a last resort.
- Case of Pending Investigation
- Suspension pending investigation is done only in the case of government employees because the rules permit it, but in the case of members of parliament, there is no such rule.
Constitutional Mandate of Rulemaking Powers of Houses
Article 118: Rules of Procedure
- Each House of Parliament may make rules for regulating, subject to the provisions of this Constitution, its procedure and the conduct of its business.
- Until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature of the Dominion of India shall have effect in relation to Parliament subject to such modifications and adaptations as may be made therein by the Chairman of the Council of States or the Speaker of the House of the People, as the case may be.
- The President, after consultation with the Chairman of the Council of States and the Speaker of the House of the People, may make rules as to the procedure with respect to joint sittings of, and communications between, the two Houses.
- At a joint sitting of the two Houses the Speaker of the House of the People, or in his absence such person as may be determined by rules of procedure made under clause (3), shall preside.
Overview of Constitutional Mandate
- The rules of the Houses of Parliament are framed under Article 118 of the Constitution, and these should operate only subject to the provisions of the Constitution.
- The Houses are required to regulate their activities only in accordance with these rules, suspension of a member can, therefore, be done only in accordance with the rules (374 and 256).
- Residuary powers (Rule 266 of the Rajya Sabha) can be invoked only when the House is dealing with matters that are not explicitly provided in the rules.
Court Cases
Ashish Shelar vs Maharashtra Legislative Assembly (2022)
The Supreme Court held that 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.
