Could Article 101(4) spell danger for Amritpal?

Why in the NEWS?

• Amritpal Singh, who was in jail, filed a petition in the High Court to attend the Parliament session so as not to lose his seat.

Key Points:

• Amritpal, who is charged under the National Security Act, has been in custody in Dibrugarh since April 2023.
• He contested the 2024 Lok Sabha elections from jail and won, but according to PRS Legislative Research, his attendance in Parliament so far has been just 2%.

What will you read next in this topic?

• Legal provision of Article 101(4)
• Current status of Amritpal Singh
• Right to leave for MPs
• Possibility of leave for Amritpal
• Disqualifications of members

Legal provision of Article 101(4)

• Under Article 101(4) of the Indian Constitution, if an MP is absent from the sittings of Parliament for 60 consecutive days without the permission of the House, Parliament can declare that member's seat vacant.
• This provision also has an important exemption: "The period of 60 days does not include any period during which the House is adjourned or prorogued for more than four consecutive days."
• This means that the actual sittings of Parliament are counted, and if Parliament is adjourned, it does not count towards the period of absence.

Current status of Amritpal Singh

• Amritpal Singh, who is an MP from Khadoor Sahib, contested the Lok Sabha elections in 2024 and won the election while in jail.
• He took oath of Parliament in July 2023, but has been in detention in Assam since then.
• So far, he has been absent from about 50 sittings. His absence will be counted, but considering that the session of Parliament was continuously adjourned, the period of his absence cannot exceed 60 days.

Right to leave for MPs

• "Permission of the House" mentioned in Article 101(4) means that MPs can take official leave from Parliament to remain absent for any reason.
• For this leave, MPs can write a letter to the concerned panel, which considers it and then sends it for approval of the House.
• There are precedents of leave being granted to MPs if they are in jail or due to a serious illness.

Possibility of leave for Amritpal

• Amritpal Singh, who is in jail and not on bail, has every right to take leave.
• Amritpal has every right to write a letter to the panel and seek permission for absence.
• So, his absence and getting approval for leave will be a normal process, and it may apply in his case.
• It appears difficult to apply Article 101(4) to Amritpal Singh’s membership of Parliament.
• Since he is in jail and is not getting bail, he is eligible to seek leave and this process can be easily granted.
• Looking at past precedents, it is clear that MPs do not lose their seats even when they are in jail, provided they apply for leave and it is granted.
• Thus, Amritpal Singh is not in any major danger of losing his seat.

Disqualifications of members

101 Vacancy of seats 

• No person shall be a member of both Houses of Parliament and Parliament shall by law provide for the vacancy of a person's seat in one House or in the other House of the Legislature of a State.
• (2) No person shall be a member of both Parliament and of a House of the Legislature of a State and if a person is elected a member of both Parliament and of a House of the Legislature of a State, then, after the expiration of such period as may be specified in rules made by the President, the seat of such person in Parliament shall become vacant if he has not already resigned his seat in the Legislature of the State.
• (3) If a member of either House of Parliament-
  • (a) becomes subject to any of the disqualifications mentioned in clause (1) or clause (2) of article 102, or
  • [(b) resigns his seat by writing under his hand addressed to the Chairman or the Speaker, as the case may be, and his resignation is accepted by the Chairman or the Speaker, as the case may be,]

His seat shall thereupon become vacant:

• [Provided that in the case of a resignation referred to in sub-clause (b), if, from information received or otherwise and after making such inquiry as he may think fit, the Chairman or the Speaker is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.]
• (4) If a member of either House of Parliament remains absent from all the meetings thereof without the permission of the House for a period of sixty days, the House may declare his seat vacant:
  • Provided that in computing the said period of sixty days any such period shall not be taken into account. Shall be taken during which the House is prorogued or adjourned for more than four continuous days.