HOURS AFTER Rajya Sabha Chairman M Venkaiah Naidu refused to lift the suspension of the 12 opposition MPsThe opposition leader in Rajya Sabha Mallikarjun Kharge wrote to him on Tuesday that the suspension was an “unprecedented excessive act”. He also pointed to some “anomalies” in the government’s motion to suspend members on Monday.
“It is wrong to assume that the proposal was accepted by the House of Representatives, since the entire opposition was against the proposal and therefore the consensus of the House of Representatives cannot only be because of the majority of the ruling party. Members were denied every opportunity to present their case. One of the suspended members was never mentioned in the August 11, 2021 bulletin, ”wrote Kharge.
He was referring to the case of CPI (M) member Elamaram Kareem. His name was not among the 33 MPs named in the Bulletin that day for misconduct.
Citing the Rules of Procedure and Rules of Procedure, Kharge said that the suspension must be preceded by the appointment of members in accordance with the provisions of Rule 256 (1).
Kharge also denied the chairman’s argument that the Rajya Sabha was an ongoing institution, while defending the members’ suspension for their disorderly behavior at the last session.
“I would like to state that, according to Article 83 of the Constitution, the Council of State is a continuous house, as opposed to the House of the People. However, for the functioning of the Chamber, each session is convened by the President in accordance with Article 85 (1) of the Constitution. After that, after the sessions for that session are over, the House will be permanently adjourned and then adjourned under the provisions of Article 85 (2) (a) of the Constitution, ”he said.
“The Rajya Sabha monsoon session convened by the President on July 2, 2021, ended on August 11, 2021 and was adjourned by the President on August 31, 2021. If the House had only been adjourned and then convened again without prorogation, the argument of continuity would deserve any justification, ”he said.
Kharge called on the chairman to lift the suspension of MPs in light of the “anomalies” and the denial of the right to be heard under the principles of natural justice.