During the session, MLAs/MPs have to seek the approval of the Speaker for leave. If you remain absent without informing for 60 days, the seat may be declared vacant. They do not require any approval for leave when the session is not in session.
If every working employee wants leave, he has to take permission from his senior officer. Children also have to take consent from the teacher to take leave from school. Whether due to ill health or any other reason, approval is necessary for leave. In recent times, leave application has been much discussed on social media. Posts like how Indian managers behave when they ask for leave, how managers of other countries behave, how reluctant the boss is in granting leave even after the death of a relative, are going viral recently. We do not know when the politicians ruling the country and state take leave and when they are on duty. What is their discharge process like? Whose approval do they have to take? The answers to these questions are here.
How do MLAs and MPs take leave?
If you think that there is no problem in being a politician, one can relax without any approval, roam anywhere, stay at home if one is unwell, then you are wrong to some extent. When the assembly session is going on, MLAs have to mark their attendance. According to clause (4) of Article 190, to take leave, the MLA has to inform the Speaker. Only the Speaker has the right to grant leave. Presence of MLA in the session is very important. They have to attend the sessions for 15 days. If they remain absent from the session for 15 days, they have to answer to the Speaker. If the Speaker is satisfied with the reason for absence given by the MLA, he is considered present.
If someone does not attend the House for 60 days or remains absent without informing, it means that his membership is in danger. According to Article 101 (4) of the Indian Constitution, the Speaker can declare that seat vacant. But such an announcement cannot be made just like that. The House has to pass a resolution. In this, the days when the House is adjourned are not counted. It is the responsibility of the General Secretary to maintain the leave details of the MLAs. It is also his responsibility to inform the MLA when leave is approved.
If the MLA wants to take long leave, it is necessary for him to apply for it. The reason for long leave has to be explained. Long leave can be taken in case of illness, injury, or prison sentence. According to the rules, a maximum of 59 days leave is given at a time. If you need more time, you will have to apply and get approval.
This rule applies only when the House is in session. When the House is not in session, no rules apply. MLAs and MPs do not need to take leave. They do not need to write a leave application. There is no need for anyone’s approval.