Lawmakers and Disorder

Context: In the light of recent speculation about the formation of a special committee to suggest severe punishment, analysing the powers of the Chairman of Rajya Sabha in punishing the members.

Suspension of the House members

• Suspension is the only serious punishment provided for in the rules. 
• Rule 256 of the Rajya Sabha’s Rules of Procedure specifies the acts of misconduct: 
  • Disregarding the authority of the chair;
  • Abusing the rules of the council by persistently and willfully obstructing the business thereof;
  • A member can be punished for any of these acts and, usually, the punishment is immediate. 
• For the acts of misconduct by the MPs outside the House, which constitute a breach of privilege or contempt of the House, usually, the privilege committee investigates the matter and recommends the course of action, and the House acts on it.
  • The first case of expulsion occurred in 1951 when a special committee was appointed to investigate the conduct of H G Mudgal, an MP who accepted financial benefits from business houses to canvass support for them in the government and Parliament.
  • Another special committee was appointed in 2005 to inquire into the issue of MPs accepting money for raising questions in Parliament.

Implication of suspension

• A suspended member cannot enter the chamber or attend any meetings of the committees. 
• He also cannot give any notice for discussion or submission. 
• By convention, a suspended member loses his right to get replies to his questions.

Powers of the Chairman of Rajya Sabha

• Power of suspension: House rules provide for the suspension of MPs who “disregard the authority of the Chair or abuse the rules of the Council by persistently and willfully obstructing the business of the House”.
• No power to suspend: The power to suspend a member is vested in the House, not in the chairman. 
• The chairman names such a member whereupon a motion is moved by the Parliamentary Affairs Minister or any other minister seeking the suspension of the member. 
• Under the rule, the maximum period of suspension is for the remainder of the session.  The rules do not spell out the disabilities of a suspended member. These are imposed on them as per conventions or precedent.

Conclusion: The rules do not recognise any punishment other than suspension for a specific period. Article 20 of the Constitution prohibits a greater penalty than what the law provided at the time of committing the offence.

• It is a sobering thought that the rules of the House do not empower Parliament to inflict any punishment on its members other than suspension for creating disorder in the House.