Amritpal Singh & Engineer Rashid Win Election from Jail, What Next?
Can the 2 jailed candidates Amritpal Singh from Punjab & Engineer Rashid from Jammu and Kashmir who won the Lok Sabha elections remain MP despite being in jail?
In a surprising turn of events, two jailed candidates have won the Lok Sabha elections from Punjab and Kashmir, raising eyebrows across the nation.
1. Amritpal Singh - Waris Punjab De Chief from Khadoor Sahib, Punjab.
2. Engineer Rashid - Awami Ittehad Party leader from Baramulla, Jammu & Kashmir.
Both Singh and Rashid are currently in prison facing serious criminal charges investigated by the National Investigation Agency (NIA).
Amritpal Singh, a Khalistani activist, has been in jail in Assam’s Dibrugarh since March 2023. He was arrested after an attack on a police station following the arrest of one of his supporters. Despite not visiting Khadoor Sahib for campaigning, Singh won by a huge margin of 1 lakh and 97 thousand votes. Singh was jailed under the National Security Act (NSA), which allows detention without formal charges for up to a year.
Engineer Rashid, a former two-time MLA from Langate, Jammu & Kashmir, was arrested by the NIA in 2019 for allegedly funding terror activities. He is the first prominent leader arrested under the Unlawful Activities (Prevention) Act (UAPA). Rashid’s sons led his campaign, and he won by a significant margin of 1 lakh and 99 thousand votes.
According to the Representation of the People Act, 1951 (RPA), a person cannot contest elections if they are convicted of certain crimes. However, this rule only applies if they are found guilty, not if they are merely accused. Interestingly, while jailed individuals can run for office, they cannot vote unless released on bail or acquitted, as per Section 62(5) of the RPA.
After their victory, Singh and Rashid are required to take an oath as MPs. The Speaker will send invitations to their jail superintendents, and both must get permission from their respective courts to attend the oath-taking ceremony.
Past instances show that jailed politicians can be granted temporary bail to take their oath. For example, Aam Aadmi Party leader Sanjay Singh was allowed to take his Rajya Sabha oath in March 2024, and Akhil Gogoi took his oath as an Assam Legislative Assembly member in 2021 while in jail.
After taking their oaths, Singh and Rashid will need to write to the Speaker explaining their absence from Parliament sessions. If an MP is absent for more than 60 days without permission, their seat can be declared vacant as per Article 101(4) of the Indian Constitution.
To attend Parliament sessions, Singh and Rashid will need special permission from their courts. If they are found guilty and sentenced to two or more years in prison during their term, they will lose their seats and be disqualified.
The victories of Singh and Rashid highlight significant legal and constitutional questions about the participation of jailed individuals in democratic processes. The nation watches closely as these developments unfold.
