Parliament – Sessions, Procedures, Motions, Committees etc

Suspension of MLAs

Prelims Only | Polity | Mains Paper 2: Indian Constitution – historical underpinnings, evolution, features, amendments, significant provisions and basic structure

Why in the News?

An MLA was suspended from the Maharashtra Assembly for praising and justifying the actions of Mughal emperor Aurangzeb. This incident has sparked a debate on the rules and constitutional provisions governing the suspension of MLAs in India.

What is the Suspension of MLAs?

Suspension of MLAs is a disciplinary measure imposed by the Speaker to maintain order and decorum in the House.
It is used when members engage in unruly behavior, disrupt proceedings, or violate parliamentary rules.
Duration can range from a single day to the remainder of the session.

Rules Governing Suspension of MLAs:

Rule 53 of Maharashtra Assembly	The Speaker can order a member to withdraw for grossly disorderly conduct. If repeated, they can be suspended for the remainder of the session.
“Rules of Procedure and Conduct of Business” in Lok Sabha	Template for most state assemblies allows suspension for obstructing House business. Suspension should not exceed the session.
Maharashtra’s Suspension Practices vs Other States	Maharashtra has no upper limit on suspension duration, unlike states like Odisha where it is capped at 7 days.
Article 212 (1) [Protection of Legislative Proceedings]	Prevents courts from questioning legislative proceedings on procedural grounds. Used to argue that courts have no jurisdiction over suspensions.
Article 194 [Powers and Privileges of the Legislature]	Grants legislative bodies the power to maintain order and discipline. Justifies suspensions beyond Rule 53.
Article 190 (4) [Absence from Legislative Proceedings]	If an MLA is absent for more than 60 days without permission, their seat can be declared vacant. Prolonged suspensions violate this provision.
Representation of the People Act, 1951 – Section 151 (A)	Mandates a by-election within six months if a seat becomes vacant. Supreme Court argues that suspensions beyond six months deprive constituencies of representation.

Supreme Court Rulings on Suspension:

(a) 2022 Supreme Court Ruling on Maharashtra BJP MLAs

In 2021, 12 BJP MLAs were suspended for one year for disrupting proceedings.
Judgment:
- Suspensions beyond six months are unconstitutional.
- Prolonged suspensions deprive voters of representation.
- Governments could misuse suspensions to weaken the opposition.
- The Speaker’s discretion is subject to constitutional limits.

(b) Jambuwantrao Dhote Case (1964): Only Maharashtra MLA expelled for throwing a paperweight at the Speaker during Vasantrao Naik’s Government.

PYQ:

[2019] With reference to the Legislative Assembly of a State in India, consider the following statements:

1. The Governor makes a customary address to Members of the House at the commencement of the first session of the year.

2. When a State Legislature does not have a rule on a particular matter, it follows the Lok Sabha rule on that matter.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(d) Neither 1 nor 2

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