Suspension of MPs: the rules, and the powers of presiding officers | Explained News,The Indian Express
Over this week, the two Houses of Parliament have suspended 27 MPs between them. Who can suspend MPs, and for how long? Can courts intervene in a matter of suspension of MPs?
Over this week, the two Houses of Parliament have suspended 27 MPs between them, the latest being two AAP MPs and an independent MP from Rajya Sabha on Thursday. Lok Sabha has suspended four Congress MPs, and Rajya Sabha 23 MPs from the Trinamool Congress, DMK, TRS, CPI, CPI(M) and AAP, besides the independent. The Rajya Sabha suspensions are for the remaining part of this week, and those from Lok Sabha are for the rest of the session.
The two Houses suspended these MPs because they disrupted proceedings, demanding a debate on rising prices and increasing GST rates on essential commodities. The suspended MPs have started a fifty-hour dharna on the Parliament complex, and Opposition parties are demanding the revocation of the suspensions.
Over the years, the presiding officers of legislatures and political leaders have discussed and identified four broad reasons leading to disorder in legislatures. One reason is the lack of time available to MPs for raising important matters; a second is the “unresponsive attitude of the government and retaliatory posture by Treasury benches”. The other two reasons are deliberate disruption by parties for political or publicity purposes, and the absence of prompt action against MPs disrupting parliamentary proceedings.
The government and not Parliament decides the parliamentary calendar. Therefore, the decision about the time available with Parliament for discussions rests with the government. Parliamentary procedure also prioritises government business over other debates that take place in the legislature.
In this regard, 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. And in 2001, Lok Sabha amended its rules to give the Speaker more powers to discipline MPs who disrupt House proceedings.
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