What next for jailed Amritpal Singh, Engineer Rashid who have now become lawmakers?

Amid the surprising and stellar performance by the INDIA bloc in the Lok Sabha elections 2024, the results also saw unusual winners--Pro Khalistani leader Amritpal Singh and Engineer Rashid.

Both jailed candidates won the Lok Sabha seats with significant margins. While Singh--who is currently lodged in Assam's Dibrugarh jail under NSA contested the Khadoor Sahib seat in Punjab as an independent candidate, Engineer Rashid, also an independent candidate beat seasoned politician Omar Abdullah from Baramullah.

Now that both these candidates have been elected to the lower house, question arises what next. How are these jailed MPs going to act as parliamentarians. What about their oath?

Both Amritpal Singh and Rashid's election victory means that they now have a constitutional mandate as parliamentarians, despite being in prison. However, both lawmakers face serious charges. While Singh is jailed under National Security Act (NSA), Rashid is behind bars under stringent Unlawful Activities Prevention Act (UAPA) in an alleged terror-funding case

To fulfil their role as parliamentarians--the first step they need to take is swearing-in. Which is possible.

Going back into brief history, in March, amid money laundering charges and incarceration in Tihar, Aam Aadmi Party leader Sanjay Singh received court approval to take his oath as a Rajya Sabha MP for a second term. The court directed the jail superintendent to ensure his secure transportation to Parliament and back.

In a similar vein, back in 2021, despite being in prison, Akhil Gogoi, after winning from Sibsagar, Assam, was permitted by an NIA court to briefly leave confinement for his Assam Legislative Assembly oath-taking ceremony.

It's crucial to understand that being granted permission to take oath doesn't equate to bail release but rather signifies a special parole for the day. Subsequently, the jailed lawmaker must inform the Speaker of their inability to attend proceedings, as per Article 101(4) of the Constitution, which mandates seat vacancy if an MP misses over 60 days without permission.

For participation in Parliament sessions or voting, the lawmaker must seek court approval. However, only a conviction resulting in a two-year or longer sentence would lead to parliamentary disqualification.

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