First Adhir Ranjan, now Raghav Chadha: When are MPs suspended from Parliament?

AAP MP Raghav Chadha was on Friday suspended from the Rajya Sabha in a row over forged signatures. Chadha’s suspension for “gross violation of rule, misconduct, defiant attitude and contemptuous conduct” pending a report by the Privileges Committee came after a motion from the Leader of the House Piyush Goyal. The development comes just a day after the Congress’ Adhir Ranjan Chowdhury was suspended from the Lok Sabha for allegedly insulting Prime Minister Narendra Modi. The motion for Chowdhury’s suspension was moved by Pralhad Joshi. The Privileges Committee has been notified of Chowdhury’s suspension. But when are MPs suspended from Parliament? And what happens after? Let’s take a closer look: When are MPs suspended from Parliament? MPs can be suspended from Parliament for unruly behaviour including causing a ruckus, obstructing business and gross misconduct. According to DrishtiIas.com, the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha are tasked with keeping the Houses functioning smoothly. According to the Rules of Procedure and Conduct, the Lok Sabha Speaker can immediately order a member to leave the House for disorderly conduct under Rule 373.

Such an individual must leave the House immediately and remain so for the rest of the day.

The Speaker can also under Rule 374 ‘name’ a member for persistently and wilfully obstructing business. A member thus named shall leave the House immediately and remain suspended from the House for the rest of the session. The Speaker can, under Rule 374A, suspend a member for ‘gross violation’ from the House for five straight sittings or the rest of the session – whichever is less. As per Indian Express, the Rajya Sabha Chairman can ask a member to immediately leave the House for gross and disorderly conduct under Rule 255. [caption id=“attachment_12953112” align=“alignnone” width=“640”] Rajya Sabha Chairman Jagdeep Dhankhar does not have the power to directly suspend members. ANI[/caption] “…Any Member so ordered to withdraw shall do so forthwith and shall absent himself during the remainder of the day’s meeting,” the rule states. However, the Chairman does not directly have the power to unilaterally suspend a member, as per Deccan Chronicle. Instead, the Chairman can name a member “name a member who disregards the authority of the Chair or abuses the rules of the Council by persistently and wilfully obstructing” the House. Now, the House must adopt a motion to suspend the member for not more than the remainder of the session. However, it is important to note that the House can withdraw such a suspension via another motion. What happens next? Chadha and Chowdhury have both been charged with breach of privilege. The notifications of their suspensions have been sent to the respective Privileges Committee in the Houses. But before we examine the committee, let’s briefly look at parliamentary privilege. As per Indian Express, parliamentary privilege is a concept that states that Members of Parliament have certain rights with which to conduct the business of the House. These include freedom of speech – under which they will be exempt from court proceedings. In the Rajya Sabha, the Privileges Committee is appointed Chairman. It comprises ten members nominated by the Chairman. It has its own chairman – also appointed by the Rajya Sabha chairman.

The Privileges Committee in the Lok Sabha works in a similar manner – except it has 15 members nominated by the Speaker.

The Privileges Committee in both Houses will now examine the cases of Chadha and Chowdhury. The committees can summon people to testify and even have the power to procure relevant documents. They will then prepare reports and issue recommendations on how to further proceed. In the Rajya Sabha, the Chairman, or any member of his committee in his absence, will then present the report to the House. The House must then pass a motion to consider the report. In the Lok Sabha, the Privileges Committee report is then presented to the Speaker – who himself will pass an order or direct it to be tabled. The Houses can then impose the following penalties of an MP found guilty of breach of privilege:

• An MP can be admonished or reprimanded
• An MP can be suspended from the House of Parliament
• An MP can be expelled from the House of Parliament.

However, as per Indian Express, such an outcome is exceedingly rare. Thus most MPs charged with breach of privilege get away without any punitive action against them. Even worse, while these proceedings are ongoing, the suspended Member or Members of Parliament continue to receive their paycheque. Though the ‘no work, no pay’ policy has been under consideration for decades by successive governments at the Centre, it has not been introduced yet. Chadha on Thursday hit out at the BJP for accusing him of forging signatures of five MPs in a motion related to the Delhi services bill and said it was trying to “suppress” his voice. In his first reaction after Rajya Sabha Chairman Jagdeep Dhankhar referred complaints of four MPs, who accused Chadha of proposing their name for constitution of a select committee without their consent in violation of rules, to the privileges committee to examine and investigate the matter, the Aam Aadmi Party (AAP) leader said he will approach the panel and court on the matter. He also told a press conference that false propaganda was being spread that signatures and written consent are needed for nomination of Select Committee members in Rajya Sabha. “I will approach the Committee of Privileges and court of law against the BJP Lok Sabha members who levelled the false allegation of forgery against me,” Chadha said. With inputs from agencies