Parliament Attendance Rule: Amritpal Singh’s Legal Battle

Context

Amritpal Singh, Khadoor Sahib MP, has moved the Punjab and Haryana High Court seeking permission to attend the ongoing Parliament session. He is detained under the National Security Act (NSA) and has been in Dibrugarh Jail, Assam, since April 2023. Despite winning the 2024 Lok Sabha elections from jail, his attendance is only 2%, with his only presence being during his oath-taking in July 2024.

Legal Provision: Article 101(4)

• An MP’s seat may be declared vacant if absent for 60 days without permission.
• Only actual sittings of Parliament are counted; prorogued or long adjourned periods do not count.
• Amritpal has not yet crossed the 60-day limit in terms of actual sittings.

Seeking Leave to Avoid Disqualification

• MPs can seek leave for long absences.
• The Committee on Absence of Members from the Sittings of the House handles these requests.
• Common reasons for leave:
  • Medical issues
  • Imprisonment
• Precedent: Atul Rai (BSP, 2023) was granted leave while in jail.

Final Decision: House Vote on Seat Vacancy

• Even after 60 days of absence, the seat is not automatically vacant.
• The House must vote on the issue before disqualification.

Conclusion

Amritpal Singh’s case depends on parliamentary procedure rather than automatic disqualification. He can avoid losing his seat by seeking leave, as done in previous cases. His plea in the High Court aims to allow direct participation, but even if denied, he can retain his position through formal procedures in Parliament.