33 MPs barred from Lok Sabha: Recalling 1989, when 63 MPs were suspended during Rajiv Gandhi’s govt

The largest number of MPs suspended from Parliament is from 1989, when 63 lawmakers were asked to walk out. What led to such a high number of suspensions? What is different this time around? Under what rules are MPs suspended? We explain.

The 1989 suspension

The 63 MPs were suspended when Rajiv Gandhi was Prime Minister. With more than 400 MPs, the Congress government then enjoyed a brute majority, much like the BJP now.

On March 15, 1989, the Lok Sabha witnessed an uproar over the tabling of the Justice Thakkar Commission of Inquiry into the assassination of former Prime Minister Indira Gandhi [a commission of inquiry under Justice MP Thakkar, set up in 1984].  This led to the suspension of 63 MPs in one go, the highest ever. According to a PRS Legislative Research report, after the suspension, “An Opposition member belonging to the Janata Group (Syed Shahabuddin) who had not been suspended, submitted that he also be treated as suspended and walked out of the House. Three other members (GM Banatwalla, MS Gill and Shaminder Singh) also walked out in protest.”

However, the key difference is that these MPs had been suspended for the remainder of the week, which was three days, while this time, the lawmakers have been barred for the remainder of the House session. Also, the 1989 suspension was revoked a day later, after the members apologised to the Speaker.

In 2015, when Congress was protesting the suspending of its members, then Parliamentary Affairs Minister Venkaiah Naidu had reminded the party of the 1989 incident. “If Congress claims that suspension of 25 of its MPs is a black day for democracy, who set the record and the benchmark?” Naidu had asked.

When and how are MPs suspended?

As reported by The Indian Express earlier, Rule Number 373 of the Rules of Procedure and Conduct of Business states that in case the Lok Sabha Speaker is of the opinion that the conduct of any member is “grossly disorderly”, he or she may direct that member to “withdraw immediately from the House”. The member is required to “do so forthwith”, and stay away from the “remainder of the day’s sitting”.

The Speaker may invoke Rule 374A in case 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…”. The member concerned, “on being named by the Speaker, stands automatically suspended from the service of the House for five consecutive sittings or the remainder of the session, whichever is less”.

This clause was incorporated in the Rule Book on December 5, 2001, and helps the Speaker skirt around the necessity of moving and adopting a motion for suspension.

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.

Likewise, 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. “…Any member so ordered to withdraw shall do so forthwith and shall absent himself during the remainder of the day’s meeting.”

The Chairman may “name a member who disregards the authority of the Chair or abuses the rules of the Council by persistently and wilfully obstructing” business. In such a situation, the House may adopt a motion 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. Unlike the Speaker, the Rajya Sabha Chairman does not have the power to suspend a member.