UPPSC PCS - 2018
After how many days of absence from Parliament without any permission, can an M.P. be disqualified?
Year Asked: 2018
Correct Answer
B. 60 days
Detailed Explanation
The correct answer is B) 60 days. Under Article 101(4), if a member of either House is absent from all meetings for a period of sixty days without the permission of the House, the House may declare his seat vacant. In computing the 60 days, any period during which the House is prorogued or adjourned for more than four consecutive days is excluded. The same rule applies to state legislatures under Article 190(4).
- 30 days: No constitutional provision uses a 30-day absence period for MPs.
- 90 days: Not the prescribed period. The Constitution fixes 60 days.
- 120 days: Also not the prescribed period. Do not confuse it with other time limits in the Constitution.
The core concept is that vacation of seat for absence is a power of the House, exercised by a resolution. It is not an automatic disqualification. This is different from the grounds in Article 102, such as office of profit or unsound mind, which operate through the Election Commission's advice to the President. For Mains, this ties to legislative accountability and the working of Parliament's attendance and functioning.
Trap: Many aspirants assume the seat becomes vacant automatically after 60 days. It does not. The House must pass a declaration.
This question appeared in UPPCS 2018 GS Paper 1.
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