Explained: When is a Member of Parliament suspended?

On Monday, 12 Opposition MPs were suspended from Rajya Sabha due to unruly behaviour

The Congress-led opposition on Tuesday walked out from both houses of Parliament to protest the suspension of 12 opposition MPs from the Rajya Sabha and boycotted the day's proceedings in the Upper House after the chairman asked them to apologise.

After the walkout, opposition MPs demonstrated in front of Mahatma Gandhi's statue inside the Parliament complex, raising slogans against the government and its "dictatorial attitude" and saying they would continue to raise their voices on the matter.

Eight opposition party leaders led by Mallikarjun Kharge met Rajya Sabha Chairman M Venkaiah Naidu and urged him to revoke the suspension. Naidu, sources said, told them that it may not be possible without proper functioning of the House and sincere regret for their misconduct.

Also Read | 12 Rajya Sabha MPs suspended for entire Winter Session; Opposition mulls boycott

When is an MP suspended?

In the event of unruly behaviour in the Houses, the presiding officer of the Houses has the power to suspend the sitting or particular members causing the ruckus willfully and obstructing its business.

In Lok Sabha, the Speaker has the power to adjourn the House or suspend a sitting for a time decided by them under Rule 375 of 'Rules of Procedure and Conduct of Business in Lok Sabha' in case of a grave disorder arising in the House.

Rule 374A states that in case a member comes into the well of the House or refuses to adhere to the rules and wilfully obstructing its business by shouting slogans or otherwise, such a member will be named by the Speaker and "will stand automatically suspended from the service of the House for five consecutive sittings or the remainder of the Session, whichever is less".

In case of Rajya Sabha, most of the process is similar for the most part, except for one important distinction. The Chairman of the Rajya Sabha, unlike the Lok Sabha Speaker, does not have the power to suspend a member.

The Chairman may name a member "name a member who disregards the authority of the Chair or abuses the rules of the Council by persistently and willfully obstructing" the House. After this, the House may adopt a motion suspending the member from the House for not more than the remainder of the session. The House may withdraw the suspension through another motion.

The rulebook empowers the Chairman to enforce his decisions.

(With PTI inputs)

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