Updated 8 December 2023 at 23:39 IST

Here's the difference between suspension and expulsion in Parliament

Following the suspension of Raghav Chaddha from RS and Moitra from LS, respectively, what distinguishes the suspension policies of the two Houses?

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Mahua Moitra
Following the suspension of Raghav Chaddha from RS and Moitra from LS, respectively, what distinguishes the suspension policies of the two houses? | Image: Republic

Trinamool Congress leader Mahua Moitra's expulsion from Lok Sabha has sent ripples across the nation. Moitra was expelled on Friday from the Lok Sabha after the House adopted the report of its Ethics Committee that held her guilty of accepting gifts and illegal gratification from a businessman to further his interest. 

Similarly in the past, AAP MP Raghav Chaddha was suspended from the Rajya Sabha on August 11.  On the final day of the Monsoon Session of Parliament, Dhankhar suspended Chadha from the Rajya Sabha after the BJP accused him of forging the signatures of five MPs.

What is the general principle for suspension of members from Lok Sabha and Rajya Sabha? 

-Basically, the idea is that the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha are the Presiding Officers, and their job is to keep the House in order so that business can continue as usual.
- The Speaker or Chairman may compel a member to leave the House in order to guarantee that business is conducted correctly.
 

What is the difference between the rules of suspension in Lok Sabha and Rajya Sabha? 

Lok Sabha
 

Rule 373 
According to Rule Number 373 of the Rules of Procedure and Conduct of Business, if the speaker of the lower house forms an opinion about a particular member that he or she are conducting himself or herself in a disorderly way, the speaker may direct that member to withdraw from the House immediately. 

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Rule 374 
- If a member consistently and deliberately obstructs the House's business, disobeying the Chair's authority or abusing the House's rules, the Speaker may designate that member. 
- If the Speaker designates a member in this manner, the Speaker will immediately put to a vote the question of suspending the Member (naming the Member) from the House for a term not to exceed the balance of the current session.

Rule 374 A
When a member is named by the Speaker for a gross violation or serious charges, they are immediately removed from the House for five consecutive sittings or the rest of the session, whichever comes first. In December 2001, Rule 374A was added to the Rule Book.

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Rajya Sabha

Rule 255
The Rajya Sabha Chairman, like the Speaker of the Lok Sabha, may "direct any Member whose conduct is in his opinion grossly disorderly to withdraw immediately" from the House, according to Rule Number 255.

The Rajya Sabha Chairman lacks the authority to suspend a member, in contrast to the Speaker of the Lok Sabha. As a result, the House may lift the suspension with a new motion.

The Chairman may "name a member who abuses the rules of the Council by persistently and willfully obstructing" discussions, provided that the member “disregards the authority of the Chair.”

Under such circumstances, the House may pass a motion suspending the member from the House for a term that does not exceed the balance of the current session.

Rule 256 
It allows for member suspension. A member of the Council may be suspended by the Chairman for a maximum of the duration of the current Session.

Published By : Radhika Dhawad

Published On: 8 December 2023 at 23:39 IST