UPSC Essentials | Mains answer practice — GS 2 (Week 30)

QUESTION 2

The MPs in both Houses were suspended for disrupting Parliamentary proceedings. How the members of parliaments (MPs) are suspended?

General points on the structure of the answers

Introduction

— An introduction is essential and should be restricted to 3-5 lines. Remember, a one-liner is not a standard introduction.

— It may consist of basic information by giving some definitions from a trusted source and include authenticated facts.

Body

— It is the central part of the answer and one should understand the demand of the question to provide rich content.

— The answer must be preferably written as a mix of points and short paragraphs rather than using long paragraphs or just points.

— Using facts from authentic government sources makes your answer more comprehensive. Analysis is important based on the demand of the question, but do not over analyse.

— Underlining keywords gives you an edge over other candidates and enhances presentation of the answer.

— Using flowcharts/tree-diagram in the answers saves much time and boosts your score. However, it should be used logically and only where it is required.

Way forward/ Conclusion

— The ending of the answer should be on a positive note and it should have a forward-looking approach. However, if you feel that an important problem must be highlighted, you may add it in your conclusion. Try not to repeat any point from body or introduction.

— You may use the findings of reports or surveys conducted at national and international levels, quotes etc. in your answers.

Self Evaluation

— It is the most important part of our Mains answer writing practice. UPSC Essentials will provide some guiding points or ideas as a thought process that will help you to evaluate your answers.

THOUGHT PROCESS

You may enrich your answers by some of the following points

QUESTION 1: Discuss how the Telecommunications Bill, 2023 attempts to bring several structural changes to current regulatory mechanisms in the telecom sector.

Introduction:

— The Telecommunications Bill, 2023, was introduced in Parliament by the Centre. The proposed legislation aims to introduce a slew of structural changes to the sector’s current regulatory mechanisms, including the simplification of the licencing regime, clarity on spectrum assignment, and a stringent requirement of user verification, among other things.

— The Bill seeks to replace the Indian Telegraph Act (1885), the Wireless Telegraphy Act (1933), and the Telegraph Wires (Unlawful Possession) Act (1950).

Body:

Highlights of the Telecom Bill

— The Bill seeks to simplify the current licensing regime for telecom networks by moving towards an authorisation system.

— Currently, the telecom department issues over 100 different types of licences, registrations, and permissions, and the Bill seeks to consolidate many of them into a single authorization process.

— Although auctions will remain the preferred method of allocating spectrum to organisations, administrative allocation will take place for industries other than satellite communications, such as police, community radio, metro rails, defence, and railroads.

— The Bill also allows the government to take back spectrum that is unutilised for insufficient reasons and also opens the door for sharing, trading, and leasing of spectrum.

— Organisations will have the option to turn in any unused spectrum, but the government won’t pay them for it.

— A tiered structure for resolving disputes arising from terms and conditions violations, with an adjudicating officer, designated committee of appeals, and the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) at the apex.

— Entities have been mandated to carry out biometric authentication of their users as a measure to curb fraud. The provision has raised concerns about the privacy of users.

— The Bill empowers the central and state governments or a specially authorised officer to seek interception, disclosure, and suspension powers in case of a public emergency or interest or safety.

— The Bill also empowers the Centre to take over control and management of telecommunication services and networks in the interest of national security, or in the event of a war.

Conclusion:

— The Telecommunications Bill, 2023, has made administrative allocation of spectrum for satellite broadband services possible, with India set to follow global best practices in how such spectrum is assigned to entities.

— As per the new Bill, telecom services and networks will need authorisation from the government, unless it decides to exempt certain entities in public interest.

— In the new Bill, the definition of telecommunication has been kept as: “transmission, emission or reception of any messages, by wire, radio, optical or other electro-magnetic systems, whether or not such messages have been subjected to rearrangement, computation or other processes by any means in the course of their transmission, emission or reception”.

(Source: Telecommunications Bill, 2023: The changes it seeks in the telecom sector, why some have raised concerns by Soumyarendra Barik)

Points to Ponder

What does the Telecom Bill say about national security?

Other features of Telecommunications Bill, 2023

Related Previous Year Question

“The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society.” Illustrate with special reference to the expanding horizons of the right to life and personal liberty. (2023)

QUESTION 2: The MPs in both Houses were suspended for disrupting Parliamentary proceedings. How the members of parliaments (MPs) are suspended?

Introduction:

— The MPs in both Houses were suspended for disrupting Parliamentary proceedings while protesting.

— There is an old tradition, irrespective of which party or alliance is in opposition, of MPs causing a ruckus inside Parliament. The four broad reasons have been identified for disorder in legislatures. These are

(i) Lack of time available to MPs for raising important matters;

(ii) Unresponsive attitude of the government and retaliatory posture by Treasury benches;

(iii) Deliberate disruption by parties for political or publicity purposes; and

(iv) Absence of prompt action against MPs disrupting Parliamentary proceedings.

Body:

Who can suspend the MPs?

— The Presiding Officer — the Speaker of LS and Chairman of RS — plays the major role in meting out suspensions.

— In Lok Sabha, the Speaker acts in accordance with Rules 373, 374, and 374A of the Rules of Procedure and Conduct of Business. In Rajya Sabha, the Chairman acts as per Rules 255 and 256 of the Rules.

Procedure

— The presiding officers can direct an MP to withdraw from the House for any disorderly conduct (Rule 373 in LS, 255 in RS).

— If that does not work and the said MP continues to disrupt the House proceedings, the presiding officer can “name” the legislator (Rule 374 in LS, 256 in RS). After that, the House can move a motion to suspend the MP until the end of the session.

— As per the new rule (Rule 374A), an MP “named” by the Speaker shall automatically stand suspended for a period of five days or the remaining part of the session. This rule removes the need for the House to pass a motion for suspension. Notably, the Rajya Sabha has not incorporated this provision in its procedures.

How MPs are suspended?

— As per Rule Number 373 in Lok Sabha’s Rules of Procedure and Conduct of Business: “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.”

— A member can be suspended, at the maximum, for the remainder of the session only. Moreover, the House, at any point of time, can reinstate a suspended member by passing a motion.

— In cases of extreme misconduct, the House may expel a member “to rid the House of persons who are unfit for membership.”

Conclusion:

— Thirty-three Lok Sabha members and 45 from Rajya Sabha, all belonging to the Opposition INDIA group, were suspended for the remainder of the Winter Session. Fourteen Opposition MPs had been suspended for the remainder of the session last week and recently 49 more MPs were suspended, bringing the total number of suspensions in this session to 141.

(Source: 78 Opposition MPs suspended, most ever in a day: Why this happened, what Parliament rules say by Arjun Sengupta)

Points to Ponder

The 1989 suspension

How long can MPs be suspended for?

Is suspending MPs common practice?

Related Previous Year Questions

Discuss the role of Presiding Officers of state legislatures in maintaining order and impartiality in conducting legislative work and in facilitating best democratic practices. (2023)

Once a Speaker, Always a Speaker’! Do you think this practice should be adopted to impart objectivity to the office of the Speaker of Lok Sabha? What could be its implications for the robust functioning of parliamentary business in India? (2020)

Previous Mains Answer Practice

UPSC Essentials: Mains answer practice — GS 1 (Week 28)

UPSC Essentials: Mains answer practice — GS 1 (Week 29)

UPSC Essentials: Mains answer practice — GS 2 (Week 29)

UPSC Essentials: Mains answer practice — GS 2 (Week 28)

UPSC Essentials: Mains answer practice — GS 3 (Week 30)

UPSC Essentials: Mains answer practice — GS 3 (Week 29)

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