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Explainer: What you need to know about Amritpal Singh’s plea to attend Lok Sabha

Currently detained in Dibrugarh Central Jail under the National Security Act (NSA), Amritpal argues that preventing him from attending the Parliament violates his constitutional rights
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Amritpal Singh. File photo
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Amritpal Singh, MP from Khadoor Sahib and head of “Waris Punjab De”, has approached the Punjab and Haryana High Court, seeking permission to attend parliamentary proceedings. Currently detained in Dibrugarh Central Jail under the National Security Act (NSA), Amritpal argues that preventing him from attending the Parliament violates his constitutional rights. Here is what you need to know about his plea and its implications.

Why is attendance in Parliament crucial?  

According to the parliamentary rules, if an MP remains absent for 60 consecutive days, his seat may be declared vacant.

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Amritpal has already been absent for 46 days, as per the petition. If he crosses the 60-day threshold, his seat could be declared vacant, leading to fresh election. He argues that this would unfairly deprive his nearly 19 lakh constituents of representation.

Why is Amritpal Singh seeking court intervention?

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Amritpal Singh has moved the court against the Union of India, the state of Punjab, and other respondents, alleging that he is being deliberately prevented from attending the Parliament. He contends that he received summons from the Lok Sabha Secretary General, requiring his presence in the House.

Despite this, he is not being allowed to attend, which he claims is a violation of his constitutional rights. He argues that his detention is being used as a tool to keep his constituency unrepresented in the Parliament.

What else is he asking for?

Apart from attending the Parliament, Amritpal is also seeking permission to meet officials and ministers regarding the Members of Parliament Local Area Development Scheme (MPLADS). This scheme allows MPs to recommend development projects in their constituencies. He contends that his inability to participate is affecting developmental work.

What has he done so far?

Amritpal formally requested the Lok Sabha Speaker on November 30, 2023, to allow him to attend the session.  He also approached the Deputy Commissioner/ District Magistrate, seeking permission, but received no response. With no alternative, he has now filed a petition before the high court.

What are his legal arguments?

Amritpal argues that his absence is not voluntary but the result of state action. This amounts to forced exclusion, which he claims is equivalent to the contempt of the Parliament. As an elected representative, he should be permitted to discharge his duties, even while in detention.

What happens next?

The Punjab and Haryana High Court is expected to hear the matter soon. If the court rules in his favour, Amritpal could be allowed to attend the Parliament despite his detention. If not, his seat may face the risk of being declared vacant, triggering a byelection in Khadoor Sahib.

This case raises important legal and constitutional questions regarding the rights of elected representatives under detention and their ability to serve their constituents.

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