Article 101(4) of the Indian Constitution

GS 2 – POLITY

Context:
MP Amritpal Singh, detained under the National Security Act, risks losing his parliamentary seat due to extended absence from the House.

Understanding Article 101(4):

• An MP’s seat can be declared vacant if they are absent for 60 consecutive sittings without obtaining permission.
• This 60-day count excludes days when the House is prorogued or adjourned for more than four consecutive days.
• The vacancy is not automatic; the House must officially declare the seat vacant.
• No MP has been disqualified under Article 101(4) to date.

Parliamentary Terms:

• Adjournment: A temporary suspension of the House’s proceedings, which can last for hours, days, or weeks. The Presiding Officer has the authority to adjourn the House.
• Prorogation: Marks the conclusion of a Parliamentary session (not the entire Parliament). The President of India issues the prorogation order for both Houses.

Constitutional Provisions and Relevant Laws:

• Article 101: Covers conditions for vacating a seat, disqualifications, and dual membership issues.
• Rules of Procedure and Conduct of Business in Parliament: These rules govern MPs’ attendance and absence.
• Committee on Absence of Members from the Sittings of the House: Reviews MPs’ leave applications and recommends action to the House.

Procedure for Requesting Leave:

1. MPs must submit a written application to the Committee on Members’ Absence detailing the reason for their absence.
2. The committee examines the request (considering reasons like illness, detention, or emergencies) and presents a report to the House.
3. The House votes to either approve or reject the leave request based on the committee’s recommendation.

Limits on Granting Leave:

• Leave can be granted for a maximum of 59 days at a time.
• MPs needing more time must submit a new request.
• If an MP doesn’t apply for leave or their request is denied, the House can declare the seat vacant with a majority vote.

Challenges and Limitations in Enforcing Article 101(4):

• Discretionary Process: There are no standardized criteria for approving or rejecting leave applications.
• Lack of Precedents: No MP has lost a seat under this provision, leading to uncertainty in enforcement.
• Potential Political Influence: Decisions on seat vacancies can be swayed by party politics and House majority dynamics.
• Judicial Oversight: Courts can step in if there are procedural errors or if leave is unfairly denied.

MAINS QUESTION

Critically analyze the discretionary nature of Article 101(4) in the context of MPs’ prolonged absence. How does the lack of precedents and potential political influence affect its implementation? (250 words)