Election Winners from Prison

Election Winners from Prison

Context: Two candidates currently imprisoned have won seats in the recent Lok Sabha elections. In India, the accused persons can contest elections but cannot vote.

Oath-taking Process for Jailed Lawmakers

• Despite being in prison, those elected from jail now hold a constitutional mandate as parliamentarians.
• Taking an oath (constitutional right) is the first step for MPs to begin their role as lawmakers.
• Although not explicitly stated in the Constitution, jailed lawmakers have been granted temporary parole in the past to take their oath. After taking the oath, they must return to prison.
• Taking an oath is not the same as being released on bail; it is akin to a special parole for a day

 Other Legal Aspects

• The jailed lawmaker must inform the Speaker about their inability to attend proceedings.
• The Speaker will refer their requests to the House Committee on Absence of Members, which will recommend whether to allow their absence. The recommendation is then voted on by the House.
• To attend a Parliament session or cast a vote, the lawmaker must move the court for permission.
• Only a conviction and a sentence of two or more years (Sec 8(3) of the RPA 1951) will lead to disqualification from Parliament. It does not apply if a person is only charged with criminal offences.

Article 101(4) of the Constitution states that if an MP is absent for over 60 days without permission, their seat will be
declared vacant.