New Delhi/Dibrugarh.. Two candidates jailed on terrorism charges have won the parliamentary election, creating an unusual situation for the 18th Lok Sabha to be formed in the coming days. Though under the law they will not be allowed to participate in the proceedings of the new House, they still have the constitutional right to take oath as members of Parliament.
The Election Commission declared the results of the Lok Sabha elections on Tuesday. Radical Sikh preacher Amritpal Singh won the Khadoor Sahib seat in Punjab, while Sheikh Abdul Rashid alias Engineer Rashid, accused of financing terrorism, won the Baramulla seat in Jammu and Kashmir. Engineer Rashid has been lodged in Tihar Jail since 9 August 2019 on charges of financing terrorism. Singh was arrested under the National Security Act in April 2023 and sent to Dibrugarh Jail in Assam.
Now the question arises whether these newly elected MPs in jail will be allowed to take oath, if yes, then how. Explaining the legal aspects involved in this subject, constitutional expert and former Lok Sabha Secretary General PDT Acharya stressed the importance of following constitutional provisions in such cases. He said that taking oath as a member of Parliament is a constitutional right.
Acharya said that since they are currently in jail, permission will have to be sought from the authorities to take Engineer Rashid and Singh to Parliament for the swearing-in ceremony. He said that after taking the oath, they will have to go back to jail. To further clarify the legal aspects, Acharya cited Article 101(4) of the Constitution, which deals with the absence of members from either House of Parliament without the prior permission of the Speaker.
He said that after taking oath, they will write a letter to the Lok Sabha Speaker informing him about their inability to attend the House, after which the Speaker will send their requests to the Committee on Absence of the House. The committee will decide whether the member should be allowed to remain absent from the proceedings of the House or not. After this, the Speaker will conduct a vote on the recommendation in the House.
If Engineer Rashid or Singh are convicted and sentenced to at least two years in prison, they will immediately lose their seats in the Lok Sabha, according to a 2013 Supreme Court ruling that disqualifies MPs and MLAs in such cases. The ruling struck down Section 8(4) of the Representation of the People Act, which gave convicted MPs and MLAs three months to appeal against their convictions.
All necessary steps are being taken to ensure the release of Amritpal Singh: Lawyer
A day after radical Sikh preacher Amritpal Singh’s victory from Punjab’s Khadoor Sahib Lok Sabha seat, his lawyer Rajdev Singh Khalsa said that all necessary steps are being taken to ensure Singh’s release from jail. Khalsa and Amritpal Singh’s wife Kirandeep Kaur met him in Dibrugarh Central Jail on Wednesday. ‘Waris Punjab De’ organization chief Amritpal has been in jail since April 2023.
Singh defeated Congress candidate and his nearest rival Kulbir Singh Zira from Khadur Sahib Lok Sabha seat of Punjab by a margin of 1.97 lakh votes. Singh had contested the election as an independent candidate. Two candidates, including Amritpal Singh, who are in jail on charges of terrorism, have won the parliamentary elections this time. Sheikh Abdul Rashid alias Engineer Rashid, accused of financing terrorism, also won these elections from Baramulla seat of Jammu and Kashmir. The victory of these two has created an unusual situation for the 18th Lok Sabha to be formed in the coming days.
Although under the law they will not be allowed to participate in the proceedings of the new House, they have the constitutional right to take oath as a Member of Parliament. Now the question arises whether these newly elected MPs in jail will be allowed to take oath and if yes, then how.
Constitutional expert and former Lok Sabha Secretary General PDT Acharya explained the legal aspects related to this issue and stressed the importance of following constitutional provisions in such cases. He said that taking oath as an MP is a constitutional right.
Acharya said that since engineers Rashid and Singh are currently in jail, permission will have to be sought from the authorities to take them to Parliament for the swearing-in ceremony. He said that after taking the oath, they will have to go back to jail.
If Engineer Rashid or Singh are convicted and sentenced to at least two years in prison, they will immediately lose their seats in the Lok Sabha, according to a 2013 Supreme Court ruling that disqualifies MPs and MLAs in such cases.
Khalsa told reporters, “We have discussed the strategy, but for us his (Amritpal’s) release is important first and we are taking all necessary legal help for this.” He said that Singh should be released soon, as the Aam Aadmi Party (AAP) government in Punjab and the outgoing National Democratic Alliance (NDA) government at the Center have “no other option.”
Khalsa said, “The Sikh community voted for him because they saw leadership potential in him and he could voice their concerns.” He said, “Amritpal Singh had started ‘Amrit Sanchar’ for a drug-free Punjab and he was doing good work. The AAP government conspired against him and put him behind bars on false charges for political gain.” Calling Singh’s arrest “unconstitutional and illegal”, Khalsa said his victory in the elections has proved that people are with him.