June 6 (Punjab Khabarnama) : The Election Commission on Tuesday declared the results of the Lok Sabha elections. Punjab’s Khadoor Sahib seat was won by Amritpal Singh, while Jammu and Kashmir’s Baramulla seat was won by Sheikh Abdul Rashid alias Engineer Rashid, accused of funding terrorism. Two jailed candidates have emerged victorious in the parliamentary elections this time, creating an unusual situation for the 18th Lok Sabha. Though they will not be allowed to participate in the proceedings of the new House under the law, they still have the constitutional right to take oath as MPs.
What do constitutional experts say?
Explaining the legal aspects involved, constitutional expert and former Lok Sabha Secretary General PDT Acharya stressed the importance of following constitutional provisions in such cases. He said taking oath as a Member of Parliament is a constitutional right. Acharya said that since they are currently in jail, Engineer Rashid and Singh will have to seek permission from the authorities to be taken to Parliament for the swearing-in ceremony.
Will have to go back to jail after taking oath
Achary said that after taking oath, both of them will have to go back to jail. To further clarify the legal aspects, Acharya cited Article 101(4) of the Constitution, which deals with the absence of members from either House of Parliament without the prior permission of the Speaker. He said that after taking oath, they will write to the Lok Sabha Speaker informing him of their inability to attend the House, following which the Speaker will refer their requests to the Committee on Absence of the House.
