(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:Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.[Editorial comment-The Constitution (Thirty-Third Amendment) Act, 1974, this amendment adds a proviso at the conclusion of article 101(3) and replaces the existing subclause (b) with a new subclause. According to the new article 101(3)(b), a member of either House of Parliament may resign from office by writing a letter in his own handwriting to the Chairman or Speaker, as applicable, and if the letter is accepted by the Chairman or Speaker, as applicable, the member’s seat would then become empty. In addition, if any of the aforementioned resignations occur, the Chairman or Speaker, as the instance may be, will refuse to accept such resignation if, after receiving information or otherwise, and following the investigation as he deems appropriate, he is of the opinion that this resignation is not honest or voluntary.Also Refer][Editorial comment-The Constitution (Fifty-Second Amendment) Act, 1985, introduced as an anti-defection bill in the parliament to prohibit its members from hopping between different political parties and inserted a new Schedule in the constitution i.e. the 10th schedule. It altered the provisions of Articles 101, where it laid down the grounds of defection for members of either house of Parliament or state assemblies or councils. It aims to prevent political defections for reasons of office and other considerations from causing harm to democracy. Its proposed solution is to bar Members of Parliament and State Legislatures who deviate from party politics from continuing to hold their political office. This was not passed without a major change in the country’s political landscape. Nevertheless, it is the highest-level document drafted by our democracy and has the potential to make Indian politics more transparent. Aside from enhancing political freedoms, this amendment also contains provisions to curb corruption. The constitution’s anti-defection provisions were a result of a series of debates over the issue.Also Refer]
