On 13th December, Trinamool Congress’s Rajya Sabha MP Derek O’Brien was suspended from Rajya Sabha for the remaining part of Winter Session. Leader of the House in Rajya Sabha, and Bharatiya Janata Party MP, Piyush Goyal moved the motion to suspend the TMC leader for misconduct in the house.
In his motion, Union Minister Goyal said, “This house has taken serious note of the misconduct of Mr Derek O’Brien, member, who has entered the well of the house and has been continuously shouting slogans to the Chair. Therefore, disrupting the house’s proceedings in utter disregard to the authority of the Chair and having been named by the Chair, resolved that the above-mentioned member that is Derek O’Brien, be suspended from the service of the Council for the remainder of this Session under Rule 256.”
Following the motion, the Chairman of the house, Jagdeep Dhankhar, called for voting and accepted the motion based on a voice vote to suspend Derek O’Brien for the remaining Winter Session.
What is Rule 256 under Rules of Procedure and Conduct of Business in the Council of the States (Rajya Sabha)?
As per Rule 256 under Rules of Procedure and Conduct of Business in the Council of the States (Rajya Sabha) titled Suspension of the member, the Chairman has the power to 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.
The rule states that the member, if named by the Chairman, shall forthwith put the question on a motion being made, no amendment, adjournment or debate being allowed, that the member be suspended from the service of the Council for a period not exceeding the remainder of the Session.
Notably, the rule also states that the Council may, at any time, on a motion being made, resolve that such Suspension be terminated. Furthermore, a member suspended under this rule shall forthwith quit the precincts of the Council.