Amritpal Singh, Engineer Rashid will need parole to take oath
TNN | Jun 7, 2024, 03.28 AM IST
NEW DELHI: Two newly elected MPs currently in jail - Sikh radical Amritpal Singh and terror accused Sheikh Abdul Rashid alias Engineer Rashid - will need to apply to the court for parole to take oath as members of the 18th Lok Sabha.
Both Singh and Rashid had contested as Independents. Ironically, being in jail, they were not eligible to vote.
Former Lok Sabha secretary-general PDT Achary told TOI that taking oath is a Lok Sabha MP's constitutional right and courts usually allow them parole for this purpose. However, they must return to prison after taking oath or completing any official duties allowed by the court. They will need to write to the Speaker under Article 101(4) of the Constitution, which deals with absence of members from either House of Parliament, informing about their ability to attend the House on account of their incarceration, which will be referred to the concerned House committee.
As per Achary, both Singh and Rashid can apply for parole later to take part in parliamentary proceedings, including in important businesses.
If Rashid or Singh are convicted and jailed for a minimum of two years, they would lose their seats in Lok Sabha immediately.
The law also says that they will have to remain Independents and cannot join any party during their term as MP. If they do, they will invite disqualification. The only way they can join a party is to resign from their seat and seek re-election on a party ticket.
Both Singh and Rashid had contested as Independents. Ironically, being in jail, they were not eligible to vote.
Former Lok Sabha secretary-general PDT Achary told TOI that taking oath is a Lok Sabha MP's constitutional right and courts usually allow them parole for this purpose. However, they must return to prison after taking oath or completing any official duties allowed by the court. They will need to write to the Speaker under Article 101(4) of the Constitution, which deals with absence of members from either House of Parliament, informing about their ability to attend the House on account of their incarceration, which will be referred to the concerned House committee.
As per Achary, both Singh and Rashid can apply for parole later to take part in parliamentary proceedings, including in important businesses.
If Rashid or Singh are convicted and jailed for a minimum of two years, they would lose their seats in Lok Sabha immediately.
The law also says that they will have to remain Independents and cannot join any party during their term as MP. If they do, they will invite disqualification. The only way they can join a party is to resign from their seat and seek re-election on a party ticket.