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Article 101(4) of the Constitution
Context
Amritpal Singh, the incarcerated Member of Parliament (MP), has filed a petition in the Punjab and Haryana High Court requesting permission to attend the ongoing Parliament session. His absence from the sessions could potentially lead to the loss of his seat due to prolonged non-attendance, as per the provisions of Article 101(4) of the Indian Constitution.
What is Article 101(4) of the Constitution?
- As per Article 101(4) of the Constitution:
- If an MP is absent for 60 consecutive days without permission, the House can declare their seat vacant.
- The 60-day period excludes adjournments or prorogations of the House.
- However, there are provisions for MPs to seek leave from the House. In practice, MPs who are absent for long periods generally apply for leave through the Committee on Absence of Members. This committee reviews requests for leave and typically approves them, unless there are strong reasons for rejecting them.
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