14 Opposition MPs suspended

What’s in today’s article?

• Why in news?
• Suspension of MPs
• Rules under which the Presiding Officer/Chairman acts
• Can courts intervene in a matter of suspension of MPs?
• News Summary: 14 Opposition MPs suspended

Why in news?

• 14 opposition MPs (13 from the Lok Sabha and one from the Rajya Sabha) were suspended after they protested against a security breach in the parliament.
  • The security breach occurred when two intruders entered the House chamber from the visitor gallery during Zero Hour on the 22nd anniversary of the Parliament terror attack (December 13, 2001).
  • The factors that contributed to the recent Lok Sabha security breach were:
    • Fewer security staff,
    • reduced height of the visitors’ gallery from the House floor in the new Parliament building,
    • an increase in the number of visitors of late, and
    • shoes not being checked.
• The MPs were suspended for unruly conduct. They have been suspended for the remainder of the winter session or Parliament.

Suspension of MPs

• 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 Member to withdraw from the House.

Rules under which the Presiding Officer/Chairman acts

• For Lok Sabha
  • Rule Number 373 of the Rules of Procedure and Conduct of Business
    • It empowers presiding officers to direct an MP to withdraw from the House for any disorderly conduct.
    • This rule says that any Member so ordered to withdraw shall remain absent during the remainder of the day’s sitting.
  • Rules 374 and 374A- To deal with more recalcitrant Members.
    • Rule 374 empowers the Presiding officers to name the legislators if the MP continues disrupting the House even after repeated warnings.
    • After that, the House can move a motion to suspend the MP for a period not exceeding the remainder of the session
    • Rule 374A was incorporated in the Rule Book in December 2001.The intention was to circumvent the necessity of adopting a motion for suspension.
      • Under this rule, the Speaker can name an MP, who shall then automatically stand suspended for five days or the remaining part of the session.
• For Rajya Sabha
  • Rule 255 of the Rule Book of Rajya Sabha
    • It empowers the Chairman of Rajya Sabha to direct any Member to withdraw immediately from the House for any disorderly conduct.
  • Rule 256
    • This rule empowers the Chairman to name the members who persistently disregards the authority of the Chair or abuses the rules of the Council.
    • After that, the House may adopt a motion suspending the Member for a period not exceeding the remainder of the session.
  • It should be noted that, unlike Lok Sabha (under rule 374A), Rajya Sabha can not suspend its members without passing a motion for the same.

Can courts intervene in a matter of suspension of MPs?

• Article 122 of the Indian Constitution says parliamentary proceedings cannot be questioned before a court.
• In some cases, however, courts have intervened in the procedural functioning of legislatures.
• For example, 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.

News Summary: 14 Opposition MPs suspended

• The total number of MPs suspended for the remainder of the winter session of Parliament stands at 14. As per the Parliamentary Affairs Minister:
  • Speaker had proposed at a meeting of the Business Advisory Committee that the members have to work with a fresh resolve of not showing placards in the House.
  • This proposal was unanimously agreed to. Nobody had opposed it.
  • However, 13 MPs violated the decision taken at the BAC meeting and brought placards to the House and hence, were suspended.
    • Before their suspension, the MPs moved into the Well of the House raising slogans to demand a statement from the government on the security breach.

Q1) What is Business Advisory Committee?

The Business Advisory Committee (BAC) is a committee that recommends how much time should be allotted for discussing government legislative and other business. The Speaker, in consultation with the Leader of the House, may direct the Committee to refer to certain business. 

Q2) What is Article 122 of the Indian Constitution?

Article 122 of the Indian Constitution restricts courts from inquiring into Parliament proceedings. It also states that the validity of any proceedings in Parliament cannot be questioned based on any alleged procedural irregularity.

Source: Parliament proceedings | 14 Opposition MPs suspended amid demands for discussion on security breach | Indian Express | NDTV | Indian Express