Amritpal Singh, an Independent MP, has approached the Punjab & Haryana High Court to address concerns about potentially losing his Lok Sabha seat due to extended absence under Article 101(4) of the Indian Constitution.
Background
- Amritpal Singh, MP from Khadoor Sahib, has been detained under the National Security Act (NSA) since April 2023.
- He contested and won the 2024 Lok Sabha election from prison but has only 2% attendance in Parliament.
Application of Article 101(4): He is unlikely to lose his seat because:
- MPs can seek permission for absence from the Committee on Absence of Members.
- The House must declare the seat vacant through a vote, which is rare.
- Past precedents show MPs have been granted leave for imprisonment.
- In 2023, then Ghosi MP Atul Rai of the Bahujan Samaj Party sought permission to remain absent on 23 consecutive sittings of Parliament as he was in jail. His application was granted.
Committee on Absence of Members
- It is a parliamentary committee that examines cases where a member of the legislative body has been absent from sessions for an extended period without permission
- It recommends whether to condone the absence, grant leave, or potentially declare the seat vacant depending on the circumstances.
- House: Only exists in the Lok Sabha.
- Membership: Consists of 15 members nominated by the Speaker of the Lok Sabha.
About National Security Act (NSA), 1980
- NSA is a Preventive Detention Law enacted in 1980 to maintain public order and national security.
- Preventive Detention: Involves detaining a person to prevent them from committing future crimes or evading future prosecution.
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Key Provisions of Article 101(4)
- Disqualification for Absence: An MP can be disqualified if they are absent from all meetings of either Lok Sabha or Rajya Sabha for 60 days without permission.
- The 60-day period is calculated based on actual sittings of Parliament.
- Permission: Disqualification does not apply if the MP has obtained permission from the respective House of Parliament.
- Exceptions: The 60-day period does not include:
- Periods when the House is prorogued (sessions ended).
- Periods when the House is adjourned for more than four consecutive days.
- Purpose:
- Ensures that MPs actively participate in legislative proceedings.
- Prevents neglect of parliamentary responsibilities by elected representatives
Exceptions and Considerations
- Valid Reasons for Leave: MPs can apply for leave due to: Illness; Detention; Other unavoidable circumstances.
- Permission Granted by the House: If the House grants permission, the MP does not lose their seat.
- Legal Detention: In cases of legal detention, courts may intervene to allow the MP to attend if required.
22 Feb 2025
