WHEN A LOK SABHA MP IS SUSPENDED?

Rule Number 373 of the Rules of Procedure and Conduct of Business in Lok Sabha says, “The Speaker, if he is of the opinion that the conduct of any Member is grossly disorderly, may direct such Member to withdraw immediately from the House, and any Member so ordered to withdraw shall do so forthwith and shall remain absent during the remainder of the day’s sitting.” The Speaker can take recourse to Rules 374 and 374A for more unwilling Members.

• Rule 374 suspension of a Member:

(1) The Speaker, may, if he deems it necessary, 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.

(2) If a member is so named by the Speaker, the Speaker shall, on a motion being made forthwith put the question that the member (naming such member) be suspended from the service of the House for a period not exceeding the remainder of the session; Provided that the House may, at any time, on a motion being made, resolve that such suspension be terminated.

(3) A member suspended under this rule shall forthwith withdraw from the precincts of the House.

• Rule 374A Automatic Suspension of a Member:

During the 13th Lok Sabha, a new Rule 374A, which was recommended by the Rules Committee and agreed to by the House, was incorporated in the Tenth Edition of the Rules.

(1) Notwithstanding anything contained in rules 373 and 374, in the event of grave disorder occasioned by a member coming into the well of the House or abusing the Rules of the House persistently and wilfully obstructing its business by shouting slogans or otherwise, such member shall, on being named by the Speaker, stand automatically suspended from the service of the House for five consecutive sittings or the remainder of the session, whichever is less: Provided that the House may, at any time, on a motion being made, resolve that such suspension be terminated.

(2) On the Speaker announcing the suspension under this rule, the member shall forthwith withdraw from the precincts of the House.

Must read: Need for impartiality and integrity in the functioning of Speakers in Indian legislative bodies

WHEN A RAJYA SABHA MP IS SUSPENDED?

Rules of Conduct and Parliamentary Etiquette in Rajya Sabha state the Chairman may, if he deems it necessary, 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 so named by the Chairman, a motion is moved and adopted by the House for suspending the member from the service of the House for a period not exceeding the remainder of the session. The House may, however, by another motion terminate the suspension.

Rules of Procedure and Conduct of Business in the Council of States (Rajya Sabha) mention Rule 256 for suspension of member.

• Rule 256 for Suspension of a Member:

(1) The Chairman may, if he deems it necessary, name a member who disregards the authority of the Chair or abuses the rules of the Council by persistently and willfully obstructing the business thereof.

(2) If a member is so named by the Chairman he shall forthwith put the question on a motion being made, no amendment, adjournment or debate being allowed, that the member (naming him) be suspended from the service of the Council for a period not exceeding the remainder of the Session: Provided that the Council may, at any time, on a motion being made, resolve that such suspension be terminated.

(3) A member suspended under this rule shall forthwith quit the precincts of the Council.

External link: https://prsindia.org/articles-by-prs-team/suspension-of-mps-the-rules-and-the-powers-of-presiding-officers