Waris Punjab De chief Amrit Pal Singh from Punjab’s Khadoor Sahib, and Engineer Rashid from Jammu and Kashmir’s Baramulla — both of whom are currently in prison on serious charges that are being probed by the National Investigation Agency.

HAS IT HAPPENED FOR THE FIRST TIME?

No. It has happened multiple times. The most famous election victory from prison, however, came in 1977, when trade unionist George Fernandes was elected from the Muzaffarpur seat while in jail during the Emergency. He was released from prison before the oath ceremony.

THE CHARGES

  • Amritpal Singh is alleged to have links with the Khalistani ideology and proclaims himself to be as Bhindranwale 2.0.
Amritpal Singh has been in jail in Dibrugarh, Assam under the National Security Act (NSA) since March 2023. The NSA is a preventive detention law which allows the government to detain individuals for up to 12 months without pressing formal charges. He contested as an independent.
  • Rashid is currently in Delhi’s Tihar jail facing charges under the stringent Unlawful Activities Prevention Act (UAPA) in an alleged terror-funding case. A former MLA, he contested in the election on a Awami Ittehad Party ticket.
THE AFTERMATH OF VICTORY The duo’s election victory means that they now have a constitutional mandate as parliamentarians, despite being in prison.
  • Taking oath is the first step in fulfilling their role as parliamentarians. Although this is not explicitly spelt out in the Constitution, there have been past instances in which jailed lawmakers are granted temporary parole to take oath.
  • The jailed lawmaker has to then write to the Speaker that she will not be able to attend the proceedings. This is important since Article 101(4) of the Constitution states that if an MP is absent for over 60 days from all the meetings without permission, then her seat would be declared vacant.
  • For attending a Parliament session or to cast a vote in the Parliament, the lawmaker will have to move court for permission.
  • If these candidates are convicted and the sentence is of more than two years, they will be disqualified as MP.