Has Committee Been Constituted For Granting Leave Of Absence To MPs? P&H HC Asks In MP Amritpal Singh's Plea To Attend Lok Sabha Session

The Punjab & Haryana High Court has asked the Union Government to inform whether the committee for granting leave to Member of Parliaments (MP) from attending sessions of the house has been constituted, in a plea filed by MP Amritpal Singh detained under National Security Act (NSA) seeking to attend the session.

Amritpal has approached the High Court seeking direction to the Union, Punjab Government and other respondents to allow him to attend parliamentary proceedings in obedience to the summons issued by Lok Sabha General Secretary.

While listing the matter for February 25, Chief Justice Sheel Nagu and Justice Sumeet Goel asked Senior Panel Counsel for Union Government Dheeraj Jain to seek instructions on whether the committee for granting leave to MP from attending session has been constituted.

According to Article 101 (4) “If for a period of sixty days a member of either House of Parliament is without permission of the House absent from all meetings thereof, the House may declare his seat vacant.”

Senior counsel appearing for Amritpal argued that he was absent for 54 days and only 6 days are left, after that his seat will be declared vacant.

Whereas, counsel appearing for Punjab Government argued that an MP has no fundamental right to attend the proceedings.

Amritpal stated in the plea that he formally requested the Lok Sabha Speaker on November 30, 2024 to allow him to attend the parliamentary session and that he had already been informed about his absence from parliamentary sittings for 46 days.

He had also made representations to the Deputy Commissioner/District Magistrate seeking permission to attend the sessions, but no response had been received, it added.

The plea further stated that even a member of Parliament under preventive detention has a right to attend Parliament Sessions as per the Constitution, the right flows from Article 105.

“An MP under preventive detention has the right to attend Parliament sessions. "

"The detaining authority must make arrangements for the MP to attend Parliament if it is in session. The Speaker of the Lok Sabha or the Chairman of the Rajya Sabha can issue a production order to ensure his presence of the detained MP in the House," it added.

Title: Amritpal Singh v. UNION OF INDIA

Senior Advocate RS Bains argued for the petitioner.

ASG Satya Pal Jain, Senior panle counsel Dheeraj Jain appeared for Union government.