Article 101(4) of the Indian Constitution

Amritpal Singh, the Khadoor Sahib MP who is currently imprisoned, has requested the Punjab and Haryana High Court to allow his parliamentary attendance to stop his disqualification from the seat. The provisions of Article 101(4) allow a seat to become vacant if an MP remains unapproved absent for sixty days but based on past practice such cases seldom occur. The majority of past cases show that Member of Parliaments (MPs) obtain permission to absent from their duties through formal requests as demonstrated by BSP's Atul Rai. The legal challenges combined with political aspects regarding parliamentary rights and security legislation create important issues in his case.

Background of the Case

• Amritpal Singh from Khadoor Sahib has presented an application to the Punjab and Haryana High Court for permission to participate in the present parliamentary session.

• The authorities in Dibrugarh, Assam detained him under the National Security Act (NSA) from April 2023 until today.

• His victory as a member of the Lok Sabha in 2024 continued while he was imprisoned because he has appeared at only one parliamentary session following the oath-taking.

• The low 2% attendance rate creates doubts about whether his seat may result in forfeiture.

Constitutional Provision: Article 101(4)

The clause of Article 101(4) in the Indian Constitution provides:

• A member of parliament faces possible seat vacancy when they remain absent unapproved for 60 days excluding the periods of prorogation or adjournments exceeding four days.

• A resolution from the House determines official seat vacancy instead of automatic vacating.

• Reports of MPs facing seat loss from this provision are non-existent based on information provided by former Lok Sabha Secretary General P D T Achary.

Right to Seek Leave of Absence

• The 'Committee on Absence of Members from the Sittings of the House' functions as an authorized body to approve Member of Parliament leave requests.

• A seat may lose its eligibility for vacancy once authorized absence begins to take effect while nullifying the ordinary 60-day absence rules.

• There is a precedent:

  • The political party BSP allowed their representative Atul Rai to attend 23 consecutive sessions as an absolved MP while he was behind bars in 2023.

Political and Legal Implications

• The parliament needs to approve a vote to make Amritpal Singh’s parliamentary seat vacant when his absence continues past 60 days.

• Vacation of his seat appears unlikely because previous instances show absence does not result in seat removal.

• The events surrounding his absence shed light on significant legal arguments which generate broader political discussion.

• The rights of incarcerated MPs.

• The parliamentary rules receive interpretation through legal judgments when security laws apply.

Conclusion

The legal framework and political structure and constitutional protections interact in the way Amritpal Singh has presented his case. Article 101(4) establishes MP accountability but enables flexibility because of the method for requesting leave from parliamentary duties. Past cases indicate his seat will not automatically become vacant just because he is missing from parliamentary sessions. The legal outcome in his situation creates a template that future Members of Parliament will need to follow when encountering analogous legal challenges between their parliamentary duties and court cases.