78 Opposition MPs suspended, most ever in a day: Why this happened, what Parliament rules say

In an unprecedented occurrence, 78 opposition members of Parliament faced suspension in a single day. The reasons behind this mass suspension and the intricacies of parliamentary rules are essential to comprehend.

The suspension of MPs in both Houses stemmed from their disruption of parliamentary proceedings in protest of the recent breach of security within the Parliament premises.

Piyush Goyal, the Leader of the House in the Rajya Sabha, expressed his discontent, stating, “The discourteous conduct exhibited by the Congress and its allied partners has brought shame upon the entire nation. Both the Speaker and the Chairman were subjected to insults today.”

So, what led to the suspension of these MPs? The disruption of parliamentary proceedings during the protest regarding the recent security breach in Parliament was the catalyst.

In the Lok Sabha, the opposition fervently demanded a statement from Home Minister Amit Shah. Some MPs displayed placards outlining their demands, while three Congress members—K Jayakumar, Vijay Vasanth, and Abdul Khaleque- escalated the situation by climbing onto the Speaker’s podium.

In the Rajya Sabha, the opposition raised slogans concerning the breach and actively disrupted the proceedings.

Delving into the motives behind MPs disrupting Parliament, it becomes evident that this practice has historical roots. Chakshu Roy, Head of Outreach at PRS Legislative Research, highlighted four primary reasons for disorder in legislatures in a 2022 piece for The Indian Express. These include the limited time available for MPs to address important issues, unresponsiveness from the government with a retaliatory posture from Treasury benches, intentional disruption by parties for political or publicity gains, and the lack of swift action against MPs causing disruptions.

Over the years, the influence of the opposition in determining the parliamentary calendar has diminished. The government not only sets the agenda in Parliament but also dictates the time allocated to various issues. Moreover, parliamentary procedures prioritize government business over other concerns. Despite these dynamics, the perspective on disruptions varies depending on whether a party is in power or opposed.

Now, who holds the authority to suspend MPs, and by what means?

The Presiding Officer, encompassing the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha, plays a pivotal role in imposing suspensions. In the Lok Sabha, the Speaker acts in accordance with Rules 373, 374, and 374A of the Rules of Procedure and Conduct of Business, while in the Rajya Sabha, the Chairman follows Rules 255 and 256. The procedural aspects in both houses are largely analogous.

Initially, presiding officers can instruct an MP to withdraw from the House due to disorderly conduct (Rule 373 in LS, 255 in RS). If this directive proves ineffective and the MP persists in disrupting proceedings, the presiding officer can “name” the legislator (Rule 374 in LS, 256 in RS). Subsequently, the House can initiate a motion to suspend the MP until the end of the session.

Although these rules have mostly remained unaltered since 1952, in 2001, the Lok Sabha empowered the Speaker to address “grave and disorderly conduct” under Rule 374A. According to this rule, an MP “named” by the Speaker automatically faces suspension for either five days or the remaining part of the session, eliminating the need for a suspension motion.

Interestingly, the Rajya Sabha has not incorporated this provision into its procedures. In a recent instance, after being named by the Rajya Sabha Chair, Parliamentary Affairs Minister Pralhad Joshi proposed a motion to suspend the MPs, which was endorsed through a voice vote.

What is the duration of an MP’s suspension?

Minor offenses are met with admonition or reprimand, with the latter being the more severe punishment. Following this, the penalty of “withdrawal” may be imposed. According to Rule 373 in the Lok Sabha’s Rules of Procedure and Conduct of Business, if the Speaker deems a member’s conduct grossly disorderly, they may direct the member to immediately withdraw from the House and remain absent for the remainder of the day’s sitting.

Continued disregard for the presiding officer’s directives may lead to the suspension of a member, lasting at most until the end of the session. Furthermore, the House can reinstate a suspended member at any point by passing a motion.

In cases of egregious misconduct, the House may resort to expulsion, aiming to rid itself of members deemed unfit for membership.

Is the suspension of MPs a commonplace practice? While it is a robust measure, it is not unheard of. However, the frequency of suspensions has risen in recent years. Since 2019, a total of at least 149 suspensions have been enforced in both Houses, compared to at least 81 in the period of 2014-2019 and at least 36 in 2009-2014.

This issue has sparked continuous debate, with presiding officers seeking effective ways to address it. According to former President K. R. Narayanan, who chaired the Rajya Sabha from 1992-97, disorders in the House often arise from members’ frustration due to limited opportunities to express their concerns. However, planned parliamentary offenses and deliberate disturbances for political or publicity motives present a more challenging scenario.

Maintaining a delicate balance in the House falls largely on the presiding officer. As highlighted in a 2015 The Indian Express explainer, while upholding the Speaker’s supreme authority is crucial for smooth proceedings, it is essential to remember that the Speaker’s role is to run the House, not dominate it. Therefore, a long-term solution consistent with democratic values is imperative for a changing India.

In the recent session, 33 members of the Lok Sabha and 45 from the Rajya Sabha, all part of the Opposition India group, faced suspension, most of them for the remainder of the Winter Session. This adds to the 14 opposition MPs suspended last week for the same duration. On Tuesday, an additional 49 MPs received suspensions, bringing the total for this session to 141.

Congress President Mallikarjun Kharge expressed concern, stating, “All democratic norms are being thrown into the dustbin by an autocratic Modi.” Congress leader Jairam Ramesh, suspended from the Rajya Sabha, condemned the suspensions as “the murder of democracy.”