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Home » India » Can Jailed Candidates like Amritpal Singh and Engineer Rashid Take Oath as MPs? Understanding the Legalities

Can Jailed Candidates like Amritpal Singh and Engineer Rashid Take Oath as MPs? Understanding the Legalities

As per the Supreme Court's 2013 judgment, Rashid or Singh would lose their seats in the Lok Sabha immediately if convicted and jailed for a minimum of two years.

By Newsd
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Can Jailed Candidates like Amritpal Singh and Engineer Rashid Take Oath

Can Jailed Candidates like Amritpal Singh and Engineer Rashid Take Oath: There are many interesting outcomes of the Lok Sabha election, including the victory of pro-Khalistani separatist Amritpal Singh and Sheikh Abdul Rashid, also known as Engineer Rashid, who are both in jail on serious charges being investigated by the National Investigation Agency.

Based on the results released on June 4, Singh won Khadoor Sahib in Punjab, while Rashid won Baramulla in Kashmir. His closest rival, Congress candidate Kulbir Singh Zira, received 2,07,310 votes, while Singh secured a significant lead with 4,04,430 votes. In the election against former chief minister Omar Abdullah, Rashid won by an overwhelming margin with 4,70,000 votes.

Is it possible for them to take an oath?

Taking the oath is the first step in fulfilling the role of a parliamentarian, even though it is not explicitly defined in the Constitution.

Article 101 (4) of the Constitution deals with the absence of members from both Houses of Parliament without prior sanction by the Chair. Rashid and Singh will have to write to the Speaker after taking the oath to inform him/her of their inability to attend the House. The Speaker will then refer their requests to the House Committee on Absence of Members.

After the Committee makes its recommendation, the Speaker puts the recommendation to the House for a vote.

As per the Supreme Court’s 2013 judgment, Rashid or Singh would lose their seats in the Lok Sabha immediately if convicted and jailed for a minimum of two years.

What did Amritapal Singh’s lawyer say?

Rajdev Singh Khalsa, representing Amritpal Singh, said he would pursue Singh’s bail based on Singh’s efforts to combat drug abuse in Punjab.

The government will have to grant them relief because there is no alternative; the government will be forced to do so, both the BJP government and the AAP government. Amritpal Singh was making Punjab drug-free. According to Khalsa, his arrest was illegal and immoral, as quoted by ANI.

How are Rashid and Singh being charged?

Since March 2023, Amritpal Singh has been detained under the National Security Act (NSA), which permits government detention of individuals without formal charges for up to 12 months.

A former MLA, Rashid contested the election as an Awami Ittehad Party candidate on a ticket under the Unlawful Activities Prevention Act (UAPA).

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