TMC`s Derek O’Brien including eight members were suspended from RS for “unruly behavior”

DATE: 21/09/2020

Council of States (Rajya Sabha)

Allegations: Opposition breaks mic, heckles Rajya Sabha deputy chairman

Law: Rule 256(2) of Rajya Sabha Rules

Motion: The government moved a motion for the suspension of certain members for “bringing disrepute” to the House for the rest of the monsoon session of Parliament. The motion was approved by the House(RS) through a voice vote.

Suspended Members: O’Brien, Dola Sen(TMC), Sanjay Singh (AAP), Rajeev Satav(Cong), Ripun Bora, and Syed Nasir Hussain and KK Ragesh and Elamaram Kareem CPI(M).

Facts: The suspended members created rukus at the time of passing ‘Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020‘, and ‘The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Bill, 2020’.

Rajya Sabha Twitter said :

Rajya Sabha approves motion moved by Minister @VMBJP
to suspend certain members for their inappropriate and unruly behaviour exhibited on September 20, 2020.

PROCEDURE

1. The Secretary-General shall issue a summons to each member specifying the date and place for a session of the Council.
2. There shall be a Roll of Members of the Council which shall be signed by every member, before taking his seat, in the presence of the Secretary-General.
3. Powers of Deputy Chairman etc. while presiding-The Deputy Chairman or other member competent to preside over a sitting of the Council under the Constitution or these rules shall, when so presiding, have the same power as the Chairman when presiding over the Council and all references to the Chairman in these rules shall in these circumstances be deemed to be, references to any such person so presiding.
4. A sitting of the Council is duly constituted when it is presided over by the
   Chairman or [a member] competent to preside over a sitting of the Council under
   the Constitution or these rules.

256. Suspension of member

(1) The Chairman may, if he deems it necessary, name a member who disregards the authority of the Chair or abuses the rules of the Council by persistently and willfully obstructing the business thereof.

(2) If a member is so named by the Chairman he shall forthwith put the question on a motion being made, no amendment, adjournment or debate being allowed, that the member (naming him) be suspended from the service of the Council for a period not exceeding the remainder of the Session:
Provided that the Council may, at any time, on a motion being made, resolve that such suspension be terminated.

(3) A member suspended under this rule shall forthwith quit the precincts of the Council.