2 candidates win Lok Sabha polls from prison, what next
Two candidates serving prison sentences on terror charges have won the respective seats they contested in the 2024 Lok Sabha elections. Amritpal Singh, a pro-Khalistan separatist, has won Punjab's Khadoor Sahib Lok Sabha seat, while Sheikh Abdul Rashid, popularly known as Engineer Rashid, won the Jammu and Kashmir Baramulla seat. Engineer Rashid has been in Tihar Jail since August 2019 on terror funding charges, while Singh was arrested under the National Security Act in April 2023.
Legal hurdles for newly elected MPs
The unique circumstances of these victories have now raised questions about how the newly-elected MPs will be sworn in. PDT Achari, a Constitution expert and former Lok Sabha secretary general, explained the legalities involved in such circumstances. He stated that "being sworn in as a Member of Parliament is a constitutional right," but because they are currently in prison, they must seek permission to be escorted to Parliament for the ceremony.
Procedure for absence from parliamentary proceedings
Achari further elaborated on Article 101(4) of the Constitution, which addresses the absence of MPs from both Houses of Parliament without the Chair's prior approval. He stated that after taking the oath, they will write to the Speaker, informing him of their inability to attend the House. The Speaker will then refer their requests to the House Committee on Absence of Members, which will recommend whether they should be allowed to remain absent from House proceedings.
Conviction could lead to loss of parliamentary seats
Finally, the Speaker puts this recommendation to a vote in the House. If Singh or Rashid are convicted and sentenced to a minimum of two years in prison, they will immediately lose their Lok Sabha seats. This is based on a 2013 Supreme Court judgment that nullified Section 8(4) of the Representation of the People Act. The now-defunct provision previously allowed convicted MPs and MLAs a three-month period to appeal their convictions.
