Legislative Research Data

According to Article 101(4) of the Constitution, if a Member of Parliament (MP) is absent from all sessions of either House for 60 days without permission, their seat may be declared vacant. However, this period excludes any time when the House is prorogued or adjourned for more than four consecutive days.

In practical terms, only the actual sitting days of Parliament count toward the absence period. For example, Amritpal has attended only one session of the Lok Sabha—his swearing-in last July. Since then, he has been in detention in Assam, leading to nearly 50 missed sessions.

Seeking Leave for Absence

The key phrase in Article 101(4) is “without permission of the House.” MPs who anticipate prolonged absences can formally request leave through the Committee on Absence of Members from the Sittings of the House, which evaluates such requests and makes recommendations. These recommendations must be approved by the House, though in most cases, such applications are rarely denied.

According to parliamentary expert Achary, Amritpal, as an MP, has the right to apply to the committee for permission to remain absent, citing his imprisonment and inability to secure bail as valid reasons.

Suspension of MPs

• It is the role and duty of the Presiding officer- Speaker of Lok Sabha and Chairman of Rajya Sabha to maintain order so that the House can function smoothly.
• In order to ensure that proceedings are conducted in the proper manner, the Speaker/Chairman is empowered to force a member to withdraw from the House.

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