Notably, two of the independent candidates, Radical Sikh preacher Amritpal Singh and Sheikh Abdul Rashid, also known as Engineer Rashid who are currently imprisoned on terror charges won the Khadoor Sahib and Baramulla seats respectively.
The Lok Sabha election results 2024 were announced on Tuesday (June 4). While the BJP-led NDA is set to form a government with a 292-seat victory, there were some candidates who fought the elections independently and managed to win over big political parties.
Notably, two of the independent candidates, Radical Sikh preacher Amritpal Singh and Sheikh Abdul Rashid, also known as 'Engineer Rashid' who are currently imprisoned on terror charges won the Khadoor Sahib and Baramulla seats respectively.
However, one question arises whether these newly elected MPs will be allowed to take oath in parliament. While the law forbids them to attend Parliament proceedings, they're legally entitled to take the oath and officially become MPs.
According to HT, the Constitution expert and former Lok Sabha secretary general, PDT Achari explained the legalities involved. He said that being sworn in as a Member of Parliament is a constitutional right, but because they are currently in prison, they require permission from the authorities to be escorted to Parliament to participate in the oath-taking ceremony. Once this ceremony concludes, they will return to jail.
Moreover, Achari cited Article 101(4) of the Constitution, which deals with the absence of members from Parliament without prior sanction of the Chair.
After taking the oath, the MPs are required to inform the Speaker of their inability to attend the parliamentary meetings. The Speaker will then refer their requests to the House Committee on Absence of Members. The committee will recommend whether the member should be allowed to remain absent from House proceedings. However, the committee's recommendation will then be put to a voting process in the House by the Speaker.
If Engineer Rashid or Amritpal Singh are convicted, they will lose their seats in the Lok Sabha immediately. This is based on a 2013 Supreme Court judgment where MPs and MLAs lose their position. The decision nullified section 8(4) of the Representation of the People Act. This clause had previously granted convicted MPs and MLAs three months to appeal against their convictions.
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 "Lok Sabha Election Results 2024: Can jailed Amritpal Singh, Engineer Rashid take oath as MPs? Here’s what law says")
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