Context
In a latest development, the Supreme Court said that suspension from the Legislative Assembly for a year is “worse” than expulsion, as the consequences are so dreadful and it affects the right of a constituency to remain represented in the House.
Key-highlights of the Case
- The pleas were filed by 12 BJP MLAs in the Supreme Court who have challenged their one-year suspension from the Maharashtra Legislative Assembly for allegedly misbehaving with the presiding officer.
- The court observed:
- You cannot create a constitutional void, a hiatus situation for the constituency.
- And if it is one constituency or 12 constituencies, it makes no difference.
- Each constituency has an equal amount of right to be represented in the House.
- The House cannot suspend a Member beyond 59 days.
- Suspension of the MLAs would amount to punishing the constituencies as a whole.
- The Bench referred to Article 190 (4) of the Constitution which says that if for a period of 60 days, a member of a House, without its permission, is absent from all meetings, the House may declare his or her seat vacant.
What are the rules on the length of suspension of a Member of Parliament?
- Rules 373, 374, and 374A of the Rules of Procedure and Conduct of Business in Lok Sabha provide for the withdrawal of a member whose conduct is “grossly disorderly”, and suspension of one who abuses the rules of the House or willfully obstructs its business.
- The maximum suspension as per these Rules is “for five consecutive sittings or the remainder of the session, whichever is less”.
- The maximum suspension for Rajya Sabha under Rules 255 and 256 also does not exceed the remainder of the session. Several recent suspensions of members have not continued beyond the session.
- Similar Rules also are in place for state legislative assemblies and councils which prescribe a maximum suspension not exceeding the remainder of the session.
