Vacation of seat for absence
Also called: Article 101(4) · Topic: Parliament: Composition, Powers and Law-making · NCERT: Beyond NCERT
Meaning
Under Article 101(4), a House of Parliament can declare a member's seat vacant (empty) if the member stays away from all its meetings for 60 days without the House's permission. Periods when the House is prorogued (its session formally ended) or adjourned (paused) for more than four days in a row are not counted. The rule makes sure members actually turn up and do their job.
Example
Suppose an MP misses every sitting for more than 60 sitting days without asking leave. The House may then declare the seat vacant, and a by-election would fill it.
Don't confuse with
- Disqualification (Art. 102): removes a member for reasons such as an office of profit or conviction, and the President decides on the Election Commission's opinion. Vacation for absence is decided by the House itself.
Related concepts
- Qualifications for membership of Parliament
- Disqualification of members of Parliament
- Office of profit
- Parliament (Prevention of Disqualification) Act 1959
- Double membership
- Members of Parliament Local Area Development Scheme