Article 101(4)

4.Article 101(4): Khadoor Sahib MP moved the Punjab and Haryana High Court seeking permission to attend the ongoing Parliament session to avoid losing his seat due to prolonged absence.

  • He detained under the National Security Act (NSA) since April 2023, won the 2024 Lok Sabha election from prison but has an attendance of only 2% (PRS Legislative Research data).
  • About Article 101(4): States that if an MP is absent for 60 days from all House meetings without permission, the House may declare the seat vacant.

    o The 60-day period excludes times when Parliament is prorogued or adjourned for more than four consecutive days.

    o Absence is calculated based on actual sittings of Parliament.

    • MPs Can Seek Leave: Article 101(4) allows MPs to seek permission from the ‘Committee on Absence of Members from the Sittings of the House’.