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Fearing the loss of his Lok Sabha seat due to prolonged absence, pro-Khalistan leader Amritpal Singh who is the Independent MP from Khadoor Sahib in Punjab moved the Punjab and Haryana High Court on Wednesday.
Amritpal has been in detention in a prison in Dibrugarh, Assam, since April 23, 2023, when he was arrested following a Punjab Police crackdown on his outfit Waris Punjab De. He faces charges under the stringent National Security Act (NSA) and his detention order, issued by the Deputy Magistrate of Amritsar in March 2023, has been extended multiple times since then.
So far, Amritpal has been absent from Parliament for 46 days. His petition has thrown light on Article 101(4) of the Constitution, according to which a seat in either House of Parliament may fall vacant if the member is absent for 60 consecutive sittings without permission.
It reads: “If for a period of sixty days a member of either House of Parliament is without permission of the House absent from all meetings thereof, the House may declare his seat vacant: Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.”
In other words, the 60-day period refers to the sittings of the House alone, rather than all the days, without counting any instance when the House was adjourned for more than four days.
Former Lok Sabha Secretary General P D T Achary told The Indian Express he does not remember a single instance where Article 101(4) was evoked and a member’s seat fell vacant as there is a constitutional provision for seeking permission for absence beyond 59 consecutive sittings.
An MP has to write to the Committee on Members’ Absence, the parliamentary panel that deals with this issue.
According to Achary, a member seeking permission for leave approaches the panel, which prepares a report on the application and sends it to the House concerned for approval. “Singh as an MP has every right to write to the panel and request permission to be absent on the grounds that he is in jail and is not getting bail,” Achary said.
The report bears the names of all the absent MPs and the reasons for their absence. Past reports show that a common format is followed. Apart from the name, date of application, and period for which leave is sought, the reason for which permission has been sought is also mentioned. The report also mentions the committee’s recommendation on the number of days for which leave can be granted.
Some of the reasons mentioned in past reports include a relative’s illness, the illness of the member concerned, and even detention in jail.
In 2023, then Ghosi MP Atul Rai of the Bahujan Samaj Party sought permission to remain absent on 23 consecutive sittings of Parliament as he was in jail. The committee recommended a 23-day leave for him.
In December 2023, BJP’s Gurdaspur MP and Bollywood actor Sunny Deol applied for a 74-day leave, citing illness. The panel granted him leave for 59 days and asked him to submit a fresh application for the remaining 15 days. “Member was earlier granted leave by the House on 11/8/2023 for 23 days from 20/7/2023 to 11/8/2023 on the recommendation of the committee … The Committee does not recommend leave for more than 59 days. Hence the member may be granted leave for 59 days in the first instance. Shri Sunny Deol, MP, may also be requested to apply afresh for the remaining period of 15 days,” read the report.
Deol lasted his full term with an 18% attendance and opted out of the 2024 Lok Sabha elections, saying he was not cut out for politics.
