Two Jailed Candidates Elected in Unprecedented Lok Sabha Scenario

In an unprecedented event, two candidates currently imprisoned on terror charges were elected in the recent Lok Sabha elections. Despite legal hurdles, radical Sikh preacher Amritpal Singh and terror financing accused Sheikh Abdul Rashid have the constitutional right to take their oaths. The legal complexities surrounding their oath-taking process are currently under scrutiny.

In an unprecedented turn of events, two candidates currently behind bars on terror charges emerged victorious in the recent parliamentary elections. This unusual scenario brings about a constitutional conundrum for the 18th Lok Sabha, set to form shortly.

Although the law prohibits their presence in the parliamentary proceedings, they retain the constitutional right to take their oaths as Members of Parliament. The Election Commission announced the Lok Sabha poll results on Tuesday, with radical Sikh preacher Amritpal Singh winning Punjab's Khadoor Sahib seat and terror financing accused Sheikh Abdul Rashid clinching Jammu and Kashmir's Baramulla seat.

Engineer Rashid has been in Tihar jail since August 9, 2019, while Singh was detained under the National Security Act in April 2023 and sent to Dibrugarh prison in Assam. A crucial question now arises: will these newly elected, incarcerated MPs be permitted to take the oath, and if so, how?

Legal complexities abound, as explained by Constitution expert and former Lok Sabha Secretary General PDT Achari, who stressed the importance of adhering to constitutional provisions. While being sworn in as an MP is a fundamental right, Rashid and Singh would need permission to be escorted to Parliament for the ceremony, returning to prison thereafter.

Article 101(4) of the Constitution, which addresses members' absence from the House without prior permission from the Chair, sheds light on the procedure. After taking their oaths, the MPs must inform the Speaker of their incapacity to attend House sessions, leading the Speaker to refer their case to the House Committee on Absence of Members.

The committee's recommendation, subject to a House vote, will determine whether they can remain absent. Should Rashid or Singh be convicted and imprisoned for a minimum of two years, they would be immediately disqualified from their Lok Sabha positions as per the 2013 Supreme Court judgment—a ruling that nullified section 8(4) of the Representation of the People Act, which previously allowed a three-month appeal period for convicted MPs and MLAs.