Can Jailed Leaders Function as MPs After Winning Lok Sabha Elections?

Can Jailed Leaders Function as MPs After Winning Lok Sabha Elections?

On June 4, the results of the 2024 election revealed that two candidates serving jail terms had won the Lok Sabha seat.

Pro-Khalistan leader Amritpal Singh won from Punjab's Khadoor Sahib, and Abdul Rashid Sheikh, popularly known as "Engineer Rashid," won from the Baramulla constituency in Kashmir.

Engineer Rashid is in Tihar jail because of UAPA(Unlawful Activities Prevention Act) charges against him while Amritpal Singh is Charged under National Securities ACT,1980, and kept in Dibrugarh, Assam jail.

Legal Framework for MPs in Prison

Before taking office, every MP is required by Article 99 of the Indian Constitution to take oath before the President or a designated official.

Given their incarceration, Amritpal Singh and Engineer Rashid would need to secure parole or interim bail from the court to fulfill this requirement.

If they get the permission from the authorities to take oath in the ceremony, they will be escorted to parliament. Once they have taken the oath, they have to go back to jail.

Furthermore, As per Article 101(4) of the Constitution if an MP is absent from all the meetings of the House for 60 consecutive days without permission, their seat may be declared vacant. Therefore, both leaders must inform the Speaker of their inability to attend House proceedings due to imprisonment. The Speaker will then refer their cases to the House Committee on Absence of Members, which will further decide whether to allow their continued absence. The committee's recommendation will be subsequently put to a vote in the House.

Impact of Conviction

If either Amritpal or Engineer Rashid is convicted they will lose their seats in the Lok Sabha under Section 8(3) of the Representation of the People Act 1951 (RPA). This section mandates the disqualification of MPs who are convicted of any offense and sentenced to at least two years in prison. They would also be barred from contesting elections. This disqualification lasts for six years following their release.