Article 101(4)

Source: IE

Context:

About: Amritpal Singh, an Independent MP, moved the Punjab & Haryana HC over concerns of losing his Lok Sabha seat due to prolonged absence.

• As per Article 101(4) of the Constitution, an MP’s seat can be vacated if absent for 60 consecutive sittings without permission.

About Article 101(4):

• What is Article 101(4)?

• States that an MP’s seat may be declared vacant if absent for 60 consecutive sittings without permission. The House must formally declare the seat vacant; it is not an automatic process.

• States that an MP’s seat may be declared vacant if absent for 60 consecutive sittings without permission.

• The House must formally declare the seat vacant; it is not an automatic process.

• Constitutional Provisions & Governing Law:

• Article 101 of the Indian Constitution deals with vacation of seats, disqualifications, and dual membership. Rules of Procedure and Conduct of Business in Parliament regulate MP attendance. Committee on Members’ Absence reviews requests and recommends action.

• Article 101 of the Indian Constitution deals with vacation of seats, disqualifications, and dual membership.

• Rules of Procedure and Conduct of Business in Parliament regulate MP attendance.

• Committee on Members’ Absence reviews requests and recommends action.

• Procedure for Seeking Leave:

• MPs must write to the Committee on Members’ Absence requesting permission. The committee evaluates reasons (illness, detention, emergencies) and sends a report to the House. The House votes to approve or reject the request based on the report.

• MPs must write to the Committee on Members’ Absence requesting permission.

• The committee evaluates reasons (illness, detention, emergencies) and sends a report to the House.

• The House votes to approve or reject the request based on the report.

• Limitations on Leave Approval:

• The committee grants leave for a maximum of 59 days at a time. If an MP needs additional leave, they must submit a fresh request.

• The committee grants leave for a maximum of 59 days at a time.

• If an MP needs additional leave, they must submit a fresh request.

• Power to Expel MPs for Absence:

• If an MP fails to seek permission or is denied leave, the House may declare the seat vacant. The decision must be approved by a majority vote in the House.

• If an MP fails to seek permission or is denied leave, the House may declare the seat vacant.

• The decision must be approved by a majority vote in the House.