What is the Special Probe Panel?

What’s in today’s article?

• Why in News?
• What is a Special Probe Panel?
• Under What Rules MPs can be Suspended from Lok Sabha?
• Under What Rules MPs can be Suspended from Rajya Sabha?

Why in News?

• The Bharatiya Janta Party (BJP) has asked the Lok Sabha Speaker Om Birla to set up a special committee of Lok Sabha to explore whether Congress leader Rahul Gandhi should be suspended for allegedly insulting the country.

What is a Special Probe Panel?

• The House can set up a special committee by moving a motion for the establishment of such a committee and its terms of reference.
• It is a type of inquiry committee which is set up to look into a particular issue.
• The committee, after the probe is over, submits a report to the House. The committee usually submits its report in a month.
• For example, in 2005, Lok Sabha set up a special probe panel to look into the ‘cash for votes’ scam.     

Under What Rules MPs can be Suspended from Lok Sabha?

• The general principle is that it is the role and duty of the Presiding Officer — Speaker of Lok Sabha and Chairman of Rajya 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/ Chairman is empowered to force a ember to withdraw from the House.
• Rule Number 373 of the Rules of Procedure and Conduct of Business says –
  • “The Speaker, if he is of the opinion that the conduct of any Member is grossly disorderly, may direct such Member to withdraw immediately from the House”.
  • Any Member so ordered to withdraw shall do so forthwith and shall remain absent during the remainder of the day’s sitting.
• Rule Number 374 says –
  • “(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.”
  • “(3) A member suspended under this rule shall forthwith withdraw from the precincts of the House.”

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Under What Rules MPs can be Suspended from Rajya Sabha?

• In the Rajya Sabha, the suspension of a member is governed by Rule 256.
• Unlike the Lok Sabha, the Rajya Sabha Chairperson does not have the power to suspend a member.
• The Rajya Sabha Chair can only suspend a member through a motion.
• The Chair names a member, following which the House takes up a motion to suspend that member for a period not more than the remaining of the session, according to Rule 256(2).
• While the Chair cannot suspend a member by themselves, the Chair can ask the member to leave the House.
  • Rule 255 dictates –The Chairman may direct any member whose conduct is in his opinion grossly disorderly to withdraw immediately from the Council.
  • Any member so ordered to withdraw shall do so forthwith and shall absent himself during the remainder of the day’s meeting.

Q1) What are Parliamentary Privileges?

Parliamentary privileges are special rights, immunities and exemptions enjoyed by the two Houses of Parliament, their committees and their members. These privileges are defined in Article 105 of the Constitution.

Q2) What is the source for Rules regarding the suspension of MPs from Parliament?

Rules regarding the suspension of MPs from Parliament are provided in the Rules of Procedure and Conduct of Business. Under Article 118 of the Constitution, each House of the Parliament can formulate their own set of Rules of Procedure and Conduct of Business.

Source:  BJP move to get Rahul Gandhi suspended from Parliament: what is the special probe panel? | Outlook India