Suspension of MPs: the rules, and the powers of presiding officers

• Recently 27 MPs have been suspended from parliament
• The MPs were suspended because they disrupted proceedings, demanding a debate on rising prices and increasing GST rates on essential commodities.

Why do MPs disrupt Parliament?

• The presiding officers of legislatures and political leaders have identified four broad reasons leading to disorder in legislatures.
• Lack of time available to MPs for raising important matters;
• Unresponsive attitude of the government and retaliatory posture by Treasury benches".
• Deliberate disruption by parties for political or publicity purposes,
• Absence of promptaction against MPs disrupting parliamentary proceedings.

What has Parliament done to address these issues?

• The government and not Parliament decides the parliamentary calendar.
• Parliament prioritises government business over other debates that take place in the legislature.
• Parliament has not updated its rules over the last 70 years to give Opposition parties a say in deciding the agenda for discussion.
• The stance of political parties on uninterrupted parliamentary functioning depends on whether they belong to the ruling party / coalition or are in the Opposition.
• In 2001, Lok Sabha amended its rules to give the Speaker more powers to discipline MPs who disrupt House proceedings.

Who can suspend MPs, and for how long?

• Presiding officers can direct an MP to withdraw from the House for any disorderly conduct.
• If the MP continues disrupting the House, the presiding officer can "name" the legislator.
• The House can move a motion to suspend the MP until the end of the session.
• These powers are common to the presiding officers of both Houses.
• In 2001, Lok Sabha changed its rules to give the Speaker more powers to deal with grave and disorderly conduct.
• The Speaker can "name" an MP, who shall then automatically stand suspended for five days or the remaining part of the session.
• This rule removes the need for the House to pass a motion for suspension. Rajya Sabha has not incorporated this provision in its procedures.

Can courts intervene in a matter of suspension of MPs?

• Article 122 of the Constitution says parliamentary proceedings cannot be questioned before a court
• In some cases, however, courts have intervened in the procedural functioning of legislatures.
• The Maharashtra Legislative Assembly passed a resolution in its 2021 Monsoon Session suspending 12 BJP MLAs for a year.
• The matter came before the Supreme Court, which held that the resolution was ineffective in law beyond the remainder of the Monsoon Session

Do presiding officers have a role in breaking a deadlock?

• Presiding officers are the custodians of Parliament, and their role is to be a nonpartisan implementer of the rules.