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New Delhi: In a surprising legal twist following the results of the Lok Sabha elections in 2024, two controversial figures in Indian politics have emerged victorious: Waris Punjab De Chief Amritpal Singh from Punjab’s Khadoor Sahib and Engineer Rashid from Jammu and Kashmir’s Baramulla. Both winners are currently incarcerated, facing serious charges under investigation by the National Investigation Agency (NIA). The unexpected results have raised questions about the logistics of their swearing-in as Members of Parliament and the implications of their legal battles for their new parliamentary roles.
Engineer Rashid, held in Tihar jail since August 2019 on terror financing charges, and Amritpal Singh, detained in Dibrugarh prison in Assam since April 2023 under the National Security Act, have both won seats in the recent Lok Sabha elections. The key question now is whether these newly elected MPs will be allowed to take their oaths, and if so, how. Although the law prevents them from attending House proceedings, they retain the constitutional right to take the oath as Members of Parliament.
While the law will stop them from attending the proceedings of the new House, they do have the constitutional right to take the oath as Members of Parliament.
The Election Commission declared the results of the Lok Sabha polls on Tuesday. While radical Sikh preacher Amritpal Singh won Punjab’s Khadoor Sahib seat, terror financing accused Sheikh Abdul Rashid, also known as Engineer Rashid, emerged victorious in Jammu and Kashmir’s Baramulla seat.
Engineer Rashid has been lodged in Tihar jail since August 9, 2019, on charges of terror financing. Singh was arrested in April 2023 under the National Security Act and sent to the Dibrugarh prison in Assam.
The question now arises if these jailed newly elected MPs will be allowed to take the oath, and if yes, how.
Explaining the legalities involved, constitutional expert and former Lok Sabha secretary general PDT Achari emphasised the importance of following the constitutional provisions in such cases. Being sworn in as a Member of Parliament is a constitutional right, he said. But because they are currently in prison, Engineer Rashid and Singh must seek permission from authorities to be escorted to Parliament for the oath-taking ceremony.
Once they have taken the oath, they will have to return to prison. To further explain the legalities, Achari cited Article 101(4) of the Constitution which deals with the absence of members from both Houses of Parliament without prior sanction of the Chair.
He said that after they have taken the oath, they will write to the Speaker, informing him or her about their inability to attend the House. The Speaker will then refer their requests to the House Committee on Absence of Members.
The committee will recommend whether the member should be allowed to remain absent from House proceedings or not. The recommendation is then put to vote in the House by the Speaker.
If Engineer Rashid or Singh are to be convicted and jailed for a minimum of two years, they would lose their seats in the Lok Sabha immediately, as per the Supreme Court judgment of 2013, which holds that MPs and MLAs would be disqualified in such cases.
This decision struck down Section 8(4) of the Representation of the People Act, which earlier allowed convicted MPs and MLAs three months to appeal against their convictions.
(With inputs from agencies)
