Amritpal Singh’s Parliament Attendance Plea

February 22, 2025

Amritpal Singh, the incarcerated Member of Parliament (MP) from Khadoor Sahib, has petitioned the Punjab and Haryana High Court to attend the ongoing Parliament session. This request comes as he faces the risk of losing his seat due to his prolonged absence. Singh has been detained since April 2023 under the National Security Act and has only attended one session since being elected.

What is Article 101(4)?

Article 101(4) of the Constitution of India outlines the conditions under which an MP’s seat may be vacated.
If an MP is absent from all meetings for 60 continuous days without permission, the House can declare the seat vacant.
This provision promotes accountability and active participation among MPs.
Notably, the 60-day count excludes periods when the House is prorogued or adjourned for over four consecutive days.

Attendance Records and Implications

Amritpal Singh has a mere 2% attendance record since his election. He attended only the session where he was sworn in. As of now, he has accumulated nearly 50 absences. The law mandates that if an MP exceeds the absence limit without permission, the House must vote to declare the seat vacant. However, in practice, this provision has never been invoked to vacate an MP’s seat.

Legal Options for MPs

MPs facing long absences can formally request permission to be absent. This process involves writing to the Committee on Absence of Members, which reviews applications and makes recommendations. Historically, leave applications citing imprisonment have been granted. For instance, former MP Atul Rai received permission to be absent while in jail, setting a precedent for Singh.

Political Context and Claims

Amritpal Singh argues that his detention is politically motivated. He claims it aims to suppress his rising popularity and prevent his constituents from having representation in Parliament. His father has publicly condemned the charges against him, asserting they are part of a conspiracy to hinder his family’s political aspirations.

Future Proceedings

The Punjab High Court is expected to hear Singh’s petition soon. If granted permission, he could attend the Parliament session and potentially prevent the risk of losing his seat. The outcome of this case may set precedent for future instances involving detained MPs.

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