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News: Amritpal Singh, incarcerated under the National Security Act, has moved the Punjab and Haryana High Court to attend the ongoing Parliament session. He seeks to avoid disqualification under Article 101(4) due to prolonged absence from the Lok Sabha.
About Article 101(4) of the Indian Constitution
- Article 101(4) of the Indian Constitution provides that:
- If a Member of Parliament (MP) is absent from the House for 60 consecutive days without permission, their seat may be declared vacant.
- The counting of days excludes periods when Parliament is not in session.
- The decision regarding disqualification is taken by the Speaker (Lok Sabha) or Chairman (Rajya Sabha).
- Purpose of Article 101(4)
- Ensures that MPs actively participate in legislative proceedings.
- Prevents neglect of parliamentary responsibilities by elected representatives.
- Upholds the principle of accountability in democracy.
- Exceptions & Considerations
- 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 does not lose their seat.
- In case of legal detention, courts may intervene to allow attendance if required.
