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Suspension Of A Member Of Parliament

Suspension Of A Member Of Parliament:

 

West Bengal Legislative Assembly Speaker revoked the suspension of seven MLAs, including that of Leader of the Opposition.

Rules of house:

  • The Speaker may direct any member who refuses to obey his decision, or whose conduct is, in his opinion, grossly disorderly, to withdraw immediately from the Assembly”.
  • The member must absent himself during the remainder of the day’s meeting.
  • Should any member be ordered to withdraw for a second time in the same session, the Speaker may direct the member to absent himself “for any period not longer than the remainder of the Session”.

Provisions for 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.
  • Similar Rules also are in place for state legislative assemblies and councils which prescribe a maximum suspension not exceeding the remainder of the session.

Article 212 (1):

  • It states that “The validity of any proceedings in the Legislature of a State shall not be called in question on the ground of any alleged irregularity of procedure”.

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