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Polity › Fundamental Rights and Duties

Suspension of MLAs

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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

(c) Both 1 and 2

(d) Neither 1 nor 2

 

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