The 2024 Lok Sabha Elections in India have concluded, marking a pivotal moment in the nation’s political landscape.
Amidst the familiar narratives of electoral victories and defeats, one aspect has sparked significant debate and intrigue; the election of two candidates currently behind bars on terror charges.
Election Triumphs in Confinement
Amritpal Singh emerged victorious in Punjab’s Khadoor Sahib constituency, while Sheikh Abdul Rashid, better known as Engineer Rashid, secured victory in the Baramulla constituency of the Kashmir Valley.
Engineer Rashid has been incarcerated in Tihar jail since August 9, 2019, facing charges of allegedly financing terror. Singh, on the other hand, has been charged under the National Security Act and is presently detained in Dibrugarh jail in Assam.
Constitutional Duties in Question
This unexpected turn of events has brought forth pressing questions regarding their ability to fulfill their constitutional duties as Members of Parliament (MP).
While legally barred from attending parliamentary proceedings, Singh and Rashid retain the constitutional right to be sworn in as MPs. The intricacies of this situation, along with the ensuing legal processes, have drawn attention from constitutional experts and observers alike.
Expert Analysis: Constitutional Entitlements & Legal Obligations
Constitutional expert and former Lok Sabha secretary general P.D.T. Achari elucidated the legal facets of the issue. He emphasized that being sworn in subsequent to electoral victory is a constitutional entitlement. However, if the victorious candidate is imprisoned, they must petition the authorities to be escorted to Parliament for the oath-taking ritual. Following the oath, they are mandated to return to confinement.
Achari further expounded on the provisions, citing Article 101(4) of the Constitution, which addresses the absence of Members of Parliament (MPs) from both houses without the Chair’s cognizance. Subsequent to their swearing-in ceremony, the Speaker is notified of their nonattendance from the House. The Speaker subsequently apprises the House Committee on Absence of Members regarding their incapacity to partake in proceedings.
Disqualification and Legal Ramifications
The Committee then deliberates on whether the MP should be excused from attending House sessions. This deliberation is subsequently subjected to a vote by the Speaker in the House. Should Engineer Rashid or Singh be convicted and imprisoned for a minimum of two years, they would promptly forfeit their seats in the Lok Sabha, as per a 2013 Supreme Court ruling. This ruling decrees that such MPs and MLAs would face disqualification, as it invalidated Section 8(4) of the Representation of the People Act, which previously afforded convicted MPs and MLAs a three-month window to appeal against their conviction.
