Tags:
Journalism of Courage
A day after a Congress minister in the state alleged he was among 48 leaders across party lines who had been the target of attempts to “honey trap” them, the Karnataka Assembly witnessed chaotic scenes with the BJP demanding a judicial probe into the matter. Speaker U T Khader eventually suspended 18 BJP MLAs for six months.
While the BJP has called the suspension “undemocratic”, Khader has justified it, saying the MLAs’ actions were “disrespectful” to the Speaker’s chair.
A look at how legislators are suspended and how long their suspensions can last.
According to the “Rules of Procedure and Conduct of Business” in the Lok Sabha, which serves as a template for most state Assemblies, a legislator can be suspended for disregarding the authority of the Speaker.
Rule Number 373 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.”
To deal with more recalcitrant members, the Speaker may take recourse to Rules 374 and 374A, which say, “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.”
Rule 374A was incorporated in the Rule Book on December 5, 2001. The intention was to skirt around the necessity of moving and adopting a motion for suspension.
According to Rule 374A: “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.”
While serving a suspension, a legislator is prohibited from attending the Assembly. They cannot enter the premises of the House either and are suspended from sittings of committees of which they are members.
No items can be put down in the List of Business in their name and no notices tabled by them are acceptable during the period of their suspension.
Suspended legislators cannot vote in elections to committees either, or be entitled to daily allowances for the period of suspension.
In July 2021, 12 BJP MLAs were suspended from the Maharashtra Assembly for a year under the Maha Vikas Aghadi-led government, after they stormed the well of the House, and later, allegedly entered the Speaker’s chamber and misbehaved with him.
The suspended MLAs filed a writ petition in the Supreme Court challenging the suspension. In January 2022, the Supreme Court set aside the suspension, ruling that such measures should be short-term and for the purpose of restoring order in the Assembly. Prolonged suspensions, the Court stated, are irrational and go beyond the intent of Rule 53, which allows for the withdrawal of a member only for the remainder of the day or, in cases of repeated misconduct, for the rest of the session.
The Supreme Court also said that the one-year suspension went beyond the six-month limit – beyond which the House may declare a seat vacant as per the Representation of the People Act – and amounted to “not punishing the member but punishing the constituency as a whole”.
The Court emphasised that long-term suspensions leave the member’s constituency unrepresented, undermining democratic values. Furthermore, the apex court warned that a government with a slim majority could manipulate such suspensions to reduce Opposition representation, thereby stifling meaningful debate and participation in the House.
While the Speaker is empowered to place a member under suspension, the authority for revocation of this order is not vested in him or her. It is for the House, if it so desires, to pass a motion to revoke the suspension.
