Article 101(4) | 25 Feb 2025

Source: IE 

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.