MP Amritpal Singh’s Absence and Article 101(4)

Why in the news?

Khadoor Sahib MP Amritpal Singh, detained under the National Security Act (NSA) since April 2023, moved the Punjab and Haryana High Court to attend Parliament and avoid disqualification under Article 101(4) due to his prolonged absence from Lok Sabha sessions.

MP Amritpal Singh’s Absence and Article 101(4)

Amritpal Singh’s Absence from Lok Sabha

  • Khadoor Sahib MP Amritpal Singh, currently detained under the National Security Act (NSA), has been in Dibrugarh prison since April 2023.
  • Despite being elected in the 2024 Lok Sabha elections, he has attended only one sitting, the swearing-in session in July 2024.
  • As per PRS Legislative Research, he has an attendance rate of only 2% and has missed nearly 50 sittings so far.
  • However, legal experts note that no MP has lost their seat under Article 101(4) in the past.

Process for Seeking Leave and Precedents

  • MPs can apply for leave to the Committee on Absence of Members from the Sittings of the House, which reviews and makes recommendations.
  • Parliament typically grants leave, especially for illness, personal reasons, or imprisonment.
  • In 2023, BSP MP Atul Rai received permission to remain absent for 23 consecutive sittings while in jail.
  • Even if an MP crosses the 60-day threshold, the House must formally declare the seat vacant through a vote, making seat loss unlikely in Amritpal Singh’s case.

Constitutional Provision – Article 101(4):

  • According to Article 101(4) of the Constitution, if an MP is absent from all meetings of either House for 60 consecutive days without permission, their seat may be declared vacant.
  • The 60-day period excludes days when the House is prorogued or adjourned for more than four consecutive days.
  • The absence is calculated based on actual Parliament sittings.