Lok Sabha Elections: Jailed Candidates Amritpal Singh, Engineer Rashid Win Polls But Can They Take Oath?

Jailed candidates Amritpal Singh and Engineer Rashid won the Lok Sabha elections 2024 from the Khadoor Sahib and Baramulla constituency, respectively.

A unique situation emerged after the announcement of the results for the 18th Lok Sabha eletions as two candidates, who are in jail on terror charges, also won from their respective seats. Chief of banned outfit 'Waris Punjab De' Amritpal Singh, and Sheikh Abdul Rashid also known as Engineer Rashid, won from Punjab and Jammu and Kashmir, respectively. 

Though the law will keep them away from the proceedings of the 18th Lok Sabha, they possess the Constitutional right to take oath as the members of Lok Sabha.

Khalistani activist and Sikh preacher Amritpal Singh was arrested by the Punjab police from Moga and is charged with National Security Act. Since his arrest last year, he has been lodged in the Dibrugarh Jail in Assam.

Singh won from the Khadoor Sahib constituency in Punjab, without even campaigning, and defeated Congress's Kulbir SIngh Zira and AAP's Laljit Singh.

On the other hand, the results declared by the Election Commission also showed incarcerated Sheikh Abdul Rashid, emerge victorious from the Baramulla constituency.

Engineer Rashid has been lodged in the Tihar jail since August 9, 2019 on charges of alleged terror financing.

Can Jailed Candidates Take Oath?

After their wins, the question arises as to whether or not these jailed candidates will be allowed to take oath. And even if they are eligible to take oath what is the process involved?  

PDT Achari, a Constitution expert and former Lok Sabha secretary general, while explaining the legalities involved, emphasised the importance of following the Constitutional provisions in such unique cases.

"Being sworn in as a member of Parliament is a constitutional right," he told news agency PTI.

However, since they are incarcerated, both Rashid and Singh must seek the required permission from the authorities, in order to be escorted to the Parliament for their oath-taking ceremonies. But immediately after taking the oath they will have to return to jail.

Explaining the legalities involved, Achari cited Article 101 (4) of the Constitution. This article deals with the absence of members from both Houses of parliament without prior sanction of the Chair.

The expert stated that following the oath, they will have to write to the Speaker informing him or her that they would be unable to attend the House. Thereafter, the Speaker will refer their requests to the House Committee on Absence of Members.

On receiving the requests, the Committee will then recommend whether the member should or shouldn't be allowed to remain absent from House proceedings. In the next step, the recommendation is put to the vote of the House by the Speaker.

As per the Supreme Court judgment of 2013, if Engineer Rashid or Singh are convicted and jailed for a minimum of two years, they would end up losing their seats in the Lok Sabha immediately.

In such a case, the Supreme Court judgement holds that MLAs and MPs would be disqualified in such cases. This decision by the apex court struck down Section 8(4) of the Representation of the People Act. Earlier, under this Act, convicted MPs and MLAs were given a three-month period to appeal against their convictions.