In News: Recent developments in India have raised concerns about the state of democracy, particularly regarding the suspension of opposition MPs. Here are the key points:
Suspension of MPs from Parliament
- Incident: On December 13, a breach of security in the Parliament occurred, prompting 49 opposition MPs to seek a discussion on the matter.
- Suspension of 49 MPs: The 49 opposition MPs were recently barred from the legislature, accused of causing disruptions during House proceedings. This move followed the suspension of 78 opposition MPs the day before.
- Total Suspended Lawmakers: The total count of suspended lawmakers has now reached 141. Out of these, 95 are from the Lower House (Lok Sabha), and 46 are from the Upper House (Rajya Sabha).
- Concerns Raised: These actions, including the suspension of a significant number of opposition MPs, have sparked concerns about the state of democracy in India. Critics argue that such measures may impact the functioning of a robust parliamentary system.
Process of Suspension of MPs:
General Principle: The general principle is that the Presiding Officer (Speaker of Lok Sabha or Chairman of Rajya Sabha) is responsible for maintaining order in the house to facilitate smooth functioning.
Enforcement of Order: To ensure proper proceedings, the Speaker/Chairman has the authority to compel a member to withdraw from the house in case of disorderly conduct or persistent obstruction.
Terms of Suspension: a. The maximum suspension period is for the remainder of the ongoing session. b. The House can reinstate a suspended member at any point by passing a motion. c. Suspended members are barred from entering the chamber or participating in committee meetings. d. They lose the right to give notices for discussions or submissions and do not receive replies to their questions.
Grounds for Termination: The grounds for termination are outlined in the Rules of Procedure and Conduct of the House. These include:
- Grossly disorderly conduct, as determined by the Chairman.
- Persistent and willful obstruction of business, including disregarding the authority of the Chair or abusing the rules of the House.
Reinstatement: The House has the authority to reinstate a suspended member through a formal motion, providing a mechanism for review and reconsideration.
The suspension process is designed to maintain decorum, discipline, and the effective functioning of the parliamentary system.
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Reasons Why the Provision for Suspension of MPs is Required:
Violation of Parliamentary Rules:
Allows suspension of members violating established rules and norms of conduct.
Covers actions like disrupting proceedings, using unparliamentary language, etc.
Maintaining Order in the House:
Aims to uphold the dignity, decorum, and smooth functioning of the parliament.
Disruption of Proceedings:
Addresses continuous disruptions that prevent the house from conducting its business.
Disruptions lead to a significant loss of scheduled time for parliamentary activities.
Financial Cost of Disruption:
Disruptions incur a substantial monetary cost, approximately Rs 2.5 lakh per minute.
Efficiency and effectiveness of parliamentary functioning are compromised.
Refusal to Obey the Speaker/Chairperson:
Deals with instances where members refuse to comply with the Speaker/Chairperson’s directions.
Ensures respect for the authority of the presiding officer.
Maintaining Parliamentary Etiquette:
Reinforces adherence to parliamentary etiquette, such as not interrupting others during speeches.
Upholds the democratic credibility of the parliamentary system.
Clearing Logjam in the House:
Facilitates the clearing of obstructions, enabling the smooth conduct of parliamentary business.
Helps in addressing logjams and progressing with legislative and policy matters.
Ensuring Accountability:
Holds members accountable for their behavior within the parliamentary setting.
Acts as a deterrent against actions that could undermine the sanctity of parliamentary proceedings.
Preserving Democratic Values:
Upholds democratic values by maintaining order and allowing for constructive debates and discussions.
Protects the right of every member to express their views within the framework of parliamentary decorum.
Facilitating Constructive Dialogue:
Encourages an environment conducive to constructive dialogue and exchange of ideas.
Prevents the atmosphere from becoming hostile, fostering a more collaborative and productive legislative process.
Promoting Efficiency:
Supports the efficient functioning of the legislative process by preventing unnecessary disruptions.
Enables the timely consideration and passage of important bills, policies, and decisions.
Public Perception and Trust:
A well-functioning parliament enhances public perception and trust in democratic institutions.
Demonstrates the commitment of lawmakers to uphold the principles of democracy and governance.
Protecting Legislative Time:
Maximizes the effective utilization of legislative time for discussions on crucial national issues.
Reduces the likelihood of extended adjournments or delays in addressing legislative priorities.
Maintaining International Standing:
Reflects positively on the international standing of the country’s parliamentary practices.
Demonstrates a commitment to democratic values and the rule of law.
Preserving the Integrity of Debates:
Safeguards the integrity of debates and discussions from being overshadowed by disruptive behavior.
Allows for a focused and meaningful exchange of ideas for informed decision-making.
Protecting the Rights of Other Members:
Ensures that the rights of other members to participate in discussions and debates are safeguarded.
Prevents a single member or a group from obstructing the parliamentary process to the detriment of others.
Issues Associated with Suspension of MPs:
Break from Convention:
Deviation from the convention of using suspension as a last resort, raising questions about its frequent and sometimes arbitrary use.
Unprecedented Grounds:
Suspension on grounds like pending investigations by the privileges committee, not aligned with established rules or conventions.
Erosion of Democratic Values:
Casting a shadow over democratic values by suspending a significant number of Opposition MPs, impacting fair representation.
Lack of Meaningful Opposition:
Diminishing the role of a vibrant opposition, affecting the system of checks and balances and compromising the quality of parliamentary debates and scrutiny.
Erosion of Public Trust:
Potential erosion of public trust in democratic institutions due to perceptions of a lack of transparency, accountability, and an environment conducive to meaningful discourse.
Against Freedom of Expression:
Suspending MPs may be viewed as suppressing dissent and hindering the freedom of expression and differing opinions.
Partisan Decision Making:
Suspending members based on subjective criteria or influenced by political motives, raising concerns about fairness and impartiality.
Excessive Length of Suspension:
Extended suspension durations may hinder a member’s ability to represent their constituency effectively, impacting democratic representation.
Deteriorating Quality of Bills:
Reduced debates leading to a deterioration in the quality of bills, as essential discussions and diverse perspectives are sidelined.
Diplomatic Implications:
Global observation of democratic practices may influence international perceptions, potentially impacting India’s standing in indices like the Global Democracy Index.
Way Forward:
Distinguish Deliberate Disruption:
Differentiate between deliberate disruption and raising uncomfortable yet crucial issues, allowing for meaningful debates without resorting to frequent suspensions.
Explore Alternative Disciplinary Measures:
Consider alternative disciplinary measures like warnings, fines, or other non-exclusionary measures to address disruptive behavior without completely excluding MPs from parliamentary affairs.
Suspension as a Last Resort:
Treat suspension as a last resort, recognizing the importance of uninterrupted services from all members to maintain the efficacy of parliamentary proceedings.
Ensure Due Process:
Uphold principles of fairness, due process, and the rule of law in the application of suspension, ensuring that disciplinary actions are proportionate and just.
Promote Cooperation:
Foster cooperation between the government and opposition, encouraging open dialogue and allowing the opposition to express its views in a dignified manner.
Empower the Opposition:
Consider empowering the opposition by letting them set the agenda for debates on specific days, providing a dedicated platform for opposition concerns and priorities.
Political Maturity:
Advocate for political maturity from both the government and opposition, emphasizing constructive engagement, meaningful dialogue, and presenting dissent in an orderly fashion.
Enhance Public Visibility:
Increase public visibility by focusing TV cameras on demonstrating members, allowing citizens to witness the behavior of their representatives during disruptions.
Incorporate Opposition Input:
Incorporate specific days in the parliamentary calendar for the opposition to deliberate on issues they consider important, similar to practices in other democracies.
Regular Consultations:
Encourage regular consultations and communication between the ruling party and opposition to build trust, address concerns, and collaborate on legislative priorities.
Review Parliamentary Rules:
Periodically review and update parliamentary rules to address evolving challenges, ensuring they align with democratic values and principles.
