Article 101 of the Indian Constitution deals with the various circumstances under which the seat of a Member of Parliament (MP) may become vacant. These include disqualification, resignation, dual membership, and absence. Article 101(4) specifically addresses the scenario where an MP fails to attend sessions of their respective House for an extended period without obtaining necessary permission.
This provision serves as a mechanism to ensure that elected representatives actively participate in the legislative process. It balances the rights of the member with the functional requirements of Parliament, preventing seats from remaining occupied by members who are not fulfilling their duties.
Original Text
(4) If for a period of sixty days a member of either House of Parliament is absent from all meetings thereof without the permission of the House, 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.
Detailed Explanation
Article 101(4) lays down a specific condition under which a Member of Parliament’s seat can be declared vacant. Let’s break down the key elements:
- Applicability: This provision applies to members of both Houses of Parliament, namely the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).
- Condition for Vacation: The primary condition is the member’s absence from the meetings of the House to which they belong.
- Duration of Absence: The absence must be for a continuous period of sixty days. This period is calculated based on the days the House holds meetings.
- Nature of Absence: The absence must be from all meetings of the House during this sixty-day period.
- Requirement of Permission: The absence becomes liable for action only if it is “without the permission of the House.” Members who anticipate being absent can seek leave of absence from the House. If permission is granted, the absence does not count towards the sixty-day limit under this clause.
- Consequence: If the conditions (absence for sixty days without permission) are met, the House may declare the member’s seat vacant. The use of the word “may” indicates that this is a discretionary power of the House, not an automatic consequence. The House, typically through a motion, decides whether to declare the seat vacant.
- Calculation of Sixty Days (Proviso): The proviso clarifies how the sixty-day period is computed. Any period during which the House is prorogued (formally ended by the President) or adjourned for more than four consecutive days is excluded from the calculation. This means that only the actual sitting days of the House, or short adjournments (four days or less), count towards the sixty-day threshold.
The purpose of this article is to ensure the effective functioning of Parliament by encouraging members to attend sessions and participate in debates, discussions, and legislative work. It provides a mechanism to deal with members who fail to discharge their responsibilities by remaining absent for prolonged periods without valid reasons or authorization.
Detailed Notes
- Applies to members of both Lok Sabha and Rajya Sabha.
- Deals with vacation of seat due to absence.
- Condition: Absence from all meetings of the House.
- Duration: For a period of sixty days.
- Crucial factor: Absence must be without the permission of the House.
- Members can seek leave of absence from the House for anticipated periods of absence.
- If permission is granted, the absence is authorized and does not lead to action under this article.
- Consequence: The House may declare the seat vacant.
- Declaration of vacancy is discretionary and requires a decision/motion by the House.
- It is not an automatic vacation of the seat.
- Calculation of sixty days:
- Only days when the House holds meetings are considered.
- Periods of prorogation are excluded from the calculation.
- Periods of adjournment for more than four consecutive days are excluded.
- Periods of adjournment up to four consecutive days are included in the calculation.
- Purpose: To ensure members attend and participate in parliamentary proceedings.
- Procedure: Usually initiated by reporting the absence to the House, followed by a motion to declare the seat vacant. The Speaker (Lok Sabha) or Chairman (Rajya Sabha) has a role in bringing the matter before the House.
- Similar provision exists for State Legislatures under Article 190(4).
Additional Comments
- The power to declare the seat vacant rests with the House itself, not the presiding officer alone, although the matter is brought before the House by the Speaker/Chairman.
- The discretionary nature means that even if a member is absent for sixty days without permission, the House is not compelled to declare the seat vacant. It has the discretion to consider the reasons or context, though typically action is taken if the absence is unexplained or unjustified.
- Permission for absence is usually sought by submitting an application stating the reasons, which is then placed before the House.
- This provision is distinct from disqualifications under Article 102 (e.g., holding office of profit, unsound mind, undischarged insolvent, not being a citizen of India, or disqualification under any law made by Parliament like the Tenth Schedule).
- The calculation of ‘sixty days’ is based on the cumulative period of absence from all meetings, not just sixty calendar days. The proviso is critical in calculating the relevant period.
Summary
Article 101(4) of the Indian Constitution provides that the seat of a Member of Parliament may be declared vacant by the concerned House if the member is absent from all meetings of that House for a period of sixty days without obtaining the permission of the House. The calculation of this sixty-day period excludes any time when the House is prorogued or adjourned for more than four consecutive days. This provision empowers Parliament to ensure the regular attendance and active participation of its members in legislative functions. The power to declare the seat vacant is discretionary for the House.