Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 101(4)
Why in the News?
Amritpal Singh’s detention has raised concerns over his parliamentary position, as Article 101(4) states that an MP’s seat can be vacated after 60 consecutive absences without permission. He has missed 46 sittings so far.
About Article 101(4) and its Feature
- Article 101(4) states that if a Member of Parliament (MP) is absent from all meetings of the House for a period of 60 days, their seat may be declared vacant.
- The 60-day period is counted continuously (excluding adjournments but including recess).
- If the MP remains absent without prior permission from the House, the seat can be vacated under Article 101(4).
- No MP has ever lost a seat under Article 101(4) in practice.
- The House may grant condonation (excuse the absence) if a valid reason is provided.
- This provision ensures active participation of MPs and prevents prolonged absenteeism.
- If an MP does not attend any session of Lok Sabha or Rajya Sabha for 60 days without permission, the House can initiate proceedings to declare the seat vacant.
Legal Options
- Like past MPs, Amritpal can formally request permission to remain absent due to his incarceration.
- Former MP from Uttar Pradesh Atul Rai received similar permission in 2023 while in jail.
- The Lok Sabha must formally vote to declare his seat vacant, making disqualification unlikely unless actively pursued.
PYQ:[2012] Regarding the office of the Lok Sabha speaker, consider the following statements:
Which of the statements given above is/are correct? (a) 1 and 2 only |
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