• The Presiding Officer (Speaker of Lok Sabha and Chairman of Rajya Sabha) must maintain order in the house so that the functions can run smoothly.
• The Speaker or Chairman is empowered to suspension of MPs from the House to maintain discipline and ensure the proceedings.
• The 16th Lok Sabha has lost 16% of its allotted time due to disturbances.

Suspension of MPs:

Suspension is resorted to as a last step:

• The chair can’t name a member if he refuses to sit down when asked to, as this is not under disregard of the authority of the chair.
• Willful and persistent obstruction of the business alone qualifies for the naming and suspension of a member.
• A very aggravated form of defiance and obstruction can leave the Chair with no option other than suspension of the member.

Suspension is a temporary punishment:

• It can be revoked even the next day.
• There are numerous instances in both Houses when suspension has been revoked within a day or two, even though the members were initially suspended for the remainder of the session.
• It is because the House does not want to be deprived of the services of its members for a long time.
• The basic principle is that the House needs the uninterrupted services of all its members and so suspension is to be a last resort.

Rules for suspension of MPs in Lok Sabha and Rajya Sabha:

Suspension of MPs in Lok Sabha:

Rule 373 of the Rules of Procedure and Conduct of Business:

• The Speaker may direct a member to withdraw immediately from the House if he thinks that the conduct of the Member is grossly disorderly
• Any member so ordered to withdraw shall do so forthwith.
• They shall remain absent during the remainder of the day’s sitting.

Rule 374:

• The Speaker may 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 named by the Speaker, the Speaker shall, on a motion being made forthwith put the question that such member be suspended from the service of the House for a period not exceeding the remainder of the session.
• The house may anytime resolve that such suspension is terminated on a motion being made.

Rule 374A:

• It was incorporated in the Rule Book in 2001.
• The intention was to skirt around the necessity of moving and adopting a motion for suspension.
• In the event of serious disorder brought on by a member entering the House well or abusing the Rules of the House by repeatedly and purposefully.
• Such Member shall, upon being named by the Speaker, stand automatically suspended from the service of the House for five consecutive sittings.
• Suspension can be for the remainder of the session, whichever is shorter.
• The House can be resolved that such suspension be terminated.
• On the Speaker announcing the suspension under this rule, the Member shall forthwith withdraw from the precincts of the House.

Suspension of MPs in Rajya Sabha:

• The Chairman of Rajya Sabha is empowered under Rule 255 of its Rule Book to direct any Member whose conduct is grossly disorderly to withdraw immediately from the House.
• On suspension, the member is required to immediately leave the House or will be forcefully removed.
• The right to punish a member is vested in the House only, and not in the Chair.
• The rules also provide for the termination of suspension at any time.

Consequences of Temporary Disqualification:

• 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.
• He won’t be allowed to give any notice of questions, motions or resolutions.
• He is compelled to remain a non-member during this period.

Parliamentary Rules & Procedures and Constitution:

• Rules of the House of Parliament are mentioned in Article 118 of the Constitution and must adhere to constitutional provisions.
• Houses must follow these rules to regulate activities.
• Suspension of a member follows rules 374 and 256.
• Residuary powers in Rajya Sabha (Rule 266) apply when no explicit rules cover a matter.
• Chairman''s residuary powers cannot be used for suspension, as Rule 256 covers it.

Supreme Court ruling on suspension of MPs:

Ashish Shelar vs Maharashtra Legislative Assembly (2022):

• Any suspension beyond the period prescribed in the rules is unconstitutional.
• 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”.

MPs must maintain discipline and parliamentary etiquette, refraining from shouting slogans, interrupting speeches, or interjecting during debates. Long-term suspension of MPs is unconstitutional; instead, opposition parties play a pivotal role in maintaining balance. The turmoil in legislative houses, caused by political factors, must be resolved by the political class. They should seek solutions beyond just disciplinary actions to restore harmony. The solution lies in identifying and implementing effective approaches for the nation''s supreme legislative body.