Rapid Fire
Article 101(4)
- 25 Feb 2025
- 2 min read
An independent Member of Parliament (MP), has approached the High Court over concerns regarding the potential loss of his Lok Sabha seat due to prolonged absence.
Article 101(4):
- Article 101 of the Constitution of India deals with the vacation of seats, disqualifications, and dual membership in Parliament.
- As per Article 101(4) of the Constitution, if an MP remains absent from all meetings of the House for 60 days without permission, the House may declare their seat vacant.
- However, this period excludes days when the House is prorogued or adjourned for more than 4 consecutive days.
- This provision is intended to ensure that MPs actively participate in legislative proceedings.
- A seat is vacated only when the House formally declares it vacant through a vote, not automatically.
- Barjinder Singh Hamdard, a Rajya Sabha MP, was disqualified in 2000 under Article 101(4) for sustained absence.
- Procedure for Seeking Leave:
- MPs must request leave from the Committee on Members’ Absence, which reviews and reports to the House. The House then votes on approval or rejection.
- Leave is granted for up to 59 days at a time; MPs must submit a fresh request for extended absences.
| Read More: Major Constitutional Amendment: Part 1 |
