Kharge writes to RS chairman urging him to revoke suspension of 12 MPs, points to anomalies

Leader of Opposition in Rajya Sabha Mallikarjun Kharge on Tuesday wrote to Chairman M Venkaiah Naidu, urging him to revoke his decision of suspending 12 opposition MPs.

In his letter, the Congress leader said ''excessive action'' has been taken against the MPs by suspending them without providing them an opportunity to be heard.

He said he is constrained to write on behalf of the opposition parties and draw his attention to the legitimate grievances of the 12 members who have been suspended following a motion brought by Minister of Parliamentary Affairs Pralhad Joshi on Monday.

''It is my considered view that the suspension of these members, is an unprecedented excessive action for the unfortunate incidents in the last days of the 2021 Monsoon session of the Rajya Sabha,'' Kharge said in his letter to Naidu.

Pointing out ''anomalies'' in the motion brought by the minister for the suspension, which is in ''violation'' of Rule 256(1) of the Rules of Procedure and Conduct of Business in the Council of States, the Congress leader said it is wrong to assume, that the motion was passed by the House as the entire Opposition was opposed to the motion and therefore cannot be the consensus of the House just because of the majority of the ruling party. Kharge claimed the members were denied any opportunity to present their case, even as one of the suspended members was never referred to in the Bulletin dated August 11.

According to the Rules of Procedure and Conduct of Business, this action of suspension has to be preceded by the naming of the members under the provisions of Rule 256 (1), he said.

He said as per Article 83 of the Constitution, the Council of States is a continuous House unlike the House of People. However, for the functioning of the House, each session is summoned by the President under Article 85(1) of the Constitution. Thereafter upon the completion of the sittings for that session, the House is adjourned sine die and subsequently prorogued as per the provisions of Article 85(2)(a) of the Constitution, he said.

The Monsoon session of the Rajya Sabha as summoned by the President on July 2, concluded on August 11 and was prorogued by the President on August 31, Kharge pointed out.

If the House had only been adjourned and then reconvened without any prorogation, the argument of continuity would merit any justification, he noted. ''In view of the aforesaid anomalies and the denial of the right to be heard to the aggrieved members as per the principles of natural justice, I urge you to reconsider the matter of suspension of twelve MPs in the larger interest of Parliamentary democracy and revoke the suspension. We very much want the House to function smoothly,'' the Leader of Opposition said in his letter. After the motion for suspension of 12 opposition MPs for the remainder of the session was adopted by the house on Monday, leaders of various opposition parties met Naidu in his chamber and urged him to revoke the suspension.

However, the Rajya Sabha Chairman said the suspension of 12 members was in order and asserted that the suspension decision was of the House and not his. Naidu clarified that the suspension was to protect democracy and lamented that the members did not express any remorse over their misconduct during the last session.

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