LS panel suggests automatic suspension

LS panel suggests automatic suspension

News:

The Lok Sabha’s Rules Committee recommended “automatic suspension” of members who willfully obstruct its business of the house.

Important Facts:

  • The record of the present Parliament is particularly dismal. In 2014 the Lok Sabha only sat for 55 days (Rajya Sabha for 52). So far in 2017, both Houses have clocked just 48 days.

Automatic Suspension:

  • In the view of dismal state of Parliament sittings, the Lok Sabha’s Rules Committee on Friday recommended “automatic suspension” of members who enter the well of the house or willfully obstruct its business by shouting slogans despite being repeatedly warned by the Chair
  • Automatic suspension will be valid for five consecutive sittings or remainder of the session whichever is less.
  • According to the draft report placed before the committee, an amendment of Rule 374A (1) of the Lok Sabha’s Rules of Procedure and Conduct of Business, which deals with suspension of the member, is required.
  • Article 118(1) of the Constitution provides that each House of Parliament may make rules to regulate the procedure and conduct of its business.
  • On April 1, 1950, the speaker made an announcement in the House regarding appointment of a committee to examine suggestions that might be received from members from time to time for amendment of the Rules

Suspension Power of Speaker:

  • The Speaker has the power, under Rule 374(A) of the general Rules of Procedure and Conduct of Business, to eject and suspend members who disrupt proceedings
  • While the Speaker is empowered to place a member under suspension, the authority for revocation of this order is not vested in her. It is for the House, if it so desires, to resolve on a motion to revoke the suspension.

Suspension Power of Chairmen

  • The Chairman of the Rajya Sabha is empowered under Rule Number 255 of its Rule Book — to “direct any member whose conduct is in his opinion grossly disorderly to withdraw immediately” from the House.

Best Practice:

  • In Canberra, MPs, including ministers, who gratuitously interrupt, defy the Speaker’s orders or pass unparliamentary comments, are ordered to leave the chamber
  • British House of Commons or the Australian House of Representatives have very strict mechanism with which the Speakers of either House enforce discipline.
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