Article 101 | 24 Feb 2025

Why in News? 

The Punjab and Haryana High Court postponed the hearing on Member of Parliament (MP) Amritpal Singh’s petition, which sought permission to attend Parliament. 

 Key Points 

  • Legal Argument on Absence: 
    • Amritpal Singh’s counsel argued that he had already been absent for 46 days from the date of filing the petition. 
    • As per Article 101(4) of the Constitution, a parliamentary seat may be declared vacant if a member is absent for more than 60 days without permission. 
    • It was emphasized that only six days remained before reaching this threshold, after which his membership could be terminated. 
  • Background of the Case: 
    • Amritpal Singh, MP from the Khadoor Sahib constituency, initially moved the court in January 2025. 
    • He sought permission to attend Parliament and meet Union ministers to discuss development issues in his constituency. 
    • His plea argued that, as an elected MP representing over 19 lakh people, he should be allowed to fulfill his parliamentary duties. 

 Article 101(4) 

  • Key Provisions: 
    • An MP’s seat may be declared vacant if they are absent from the House for 60 consecutive days without permission. 
    • The counting of days excludes periods when Parliament is not in session. 
    • The Speaker (Lok Sabha) or Chairman (Rajya Sabha) decides on the disqualification. 
  • Objective: 
    • Ensures active participation of MPs in legislative proceedings. 
    • Prevents neglect of parliamentary responsibilities by elected representatives. 
    • Upholds the principle of accountability in a democracy. 
  • Exceptions and Special Cases: 
    • MPs can apply for leave of absence due to valid reasons such as illness, detention, or unavoidable circumstances. 
    • If the House grants permission, the MP retains their seat. 
    • In cases of legal detention, courts may intervene to allow attendance if required.