• About Us
  • Contact Us
  • Our Team
  • Advertise with Us
  • Contributors
  • FAQ
  • Privacy Policy
  • Terms of Service
Friday, October 23, 2026
The Kashmir Horizon
EPAPER
  • HOME
  • Region
  • City News
    • Srinagar
    • Jammu
  • News In Focus
  • Opinion
    • Editorial
    • Ideas
    • My Idea
    • Friday Faith
    • Letter to the Editor
  • Business
  • Sports
  • India
  • World
  • Snapshots
  • ePaper
No Result
View All Result
The Kashmir Horizon
  • HOME
  • Region
  • City News
    • Srinagar
    • Jammu
  • News In Focus
  • Opinion
    • Editorial
    • Ideas
    • My Idea
    • Friday Faith
    • Letter to the Editor
  • Business
  • Sports
  • India
  • World
  • Snapshots
  • ePaper
No Result
View All Result
The Kashmir Horizon
No Result
View All Result
Home Top News

Jailed 2 Victorious Candidates Sweep LS Election, Constitutional Quandary Looms

Mohammad Irfan by Mohammad Irfan
June 6, 2024
in Top News
A A
Jailed 2 Victorious Candidates Sweep LS Election, Constitutional Quandary Looms
Share on FacebookShare on TwitterWhatsappTelegramEmail

Srinagar: In an unexpected twist, two candidates currently serving time on militancy charges have emerged victorious in the recently concluded parliamentary election, presenting a unique scenario as the 18th Lok Sabha prepares to convene in the coming days.
Despite their victory, legal restrictions will prevent their physical presence in the new House’s proceedings, although both candidates retain their constitutional right to be sworn in as Members of Parliament.
The Election Commission officially announced the results of the Lok Sabha polls, revealing the success of radical Sikh preacher Amritpal Singh in Punjab’s Khadoor Sahib constituency and the electoral triumph of Sheikh Abdul Rashid, commonly known as Engineer Rashid, who is facing allegations related to militant financing, securing victory in Jammu and Kashmir’s Baramulla constituency.
Engineer Rashid has been detained in Tihar jail since August 9, 2019, facing accusations of involvement in militant funding, while Amritpal Singh has been incarcerated since April 2023 under the National Security Act, serving time in Assam’s Dibrugarh prison.
The looming question now revolves around whether these recently elected MPs in custody will be permitted to take their oaths, and if so, how.
Highlighting the intricacies of the legal process, constitutional expert and former Lok Sabha secretary general PDT Achari in interview with reporters emphasized the importance of adhering to constitutional provisions in such unprecedented circumstances. Achari stressed that being sworn in as a Member of Parliament is an inherent constitutional right.
However, given their current incarceration, Engineer Rashid and Mr. Singh must navigate the procedural hurdles of securing permission from authorities to be escorted to Parliament for the oath-taking ceremony. Upon taking the oath, their return to prison becomes imminent.
To delve into the legalities further, Mr. Achari referenced Article 101(4) of the Constitution, addressing the absence of members from both Houses of Parliament without prior sanction from the Chair. He explained that post-oath, they would correspond with the Speaker, informing them of their inability to physically attend House proceedings. Subsequently, the Speaker would refer their appeals to the House Committee on Absence of Members.
The committee would then deliberate on whether the members should be permitted to remain absent from parliamentary duties. Following this, the Speaker would present the committee’s recommendations for a vote in the House.
In the event of Engineer Rashid or Mr. Singh facing conviction and imprisonment for a minimum of two years, they would forfeit their seats in the Lok Sabha immediately, in accordance with the Supreme Court’s 2013 verdict, which stipulates the disqualification of MPs and MLAs under such circumstances. This ruling invalidated section 8(4) of the Representation of the People Act, which previously granted convicted MPs and MLAs a three-month window to challenge their convictions.
In the Baramulla seat, jailed leader Abdul Rashid Sheikh, also called, Engineer Rashid won against the National Conference leader Omar Abdullah and PC President Sajad Gani Lone.
This was the first election of Jammu and Kashmir as a UT since it was a part of the State of Jammu and Kashmir until 2019, when the special status of the State was revoked and it was divided into two Union Territories (Jammu and Kashmir and Ladakh) under the Jammu and Kashmir Reorganisation Act, 2019.
The General Elections were also the first major poll since the elected State Assembly was dissolved; the special status of the province abrogated by the BJP-led Union government; the Valley was subjected to months of Internet shutdowns.
The region recorded the highest voter turnout in the last 35 years, according to the Election Commission. The Union Territory voted in the six phases of the Lok Sabha election.

Mohammad Irfan

Mohammad Irfan

Related Posts

CM inaugurates three-day Kashmir Marathon Exposition at Polo View

CM Omar Abdullah congratulates Auqib Nabi on India Test call-up, says selection is a proud moment for J&K
by K H News Service
October 23, 2026

Omar appeals people to participate enthusiastically in Sunday’s marathon Srinagar| Oct, 10:Chief Minister Omar Abdullah Thursday inaugurated the three-day exposition...

Read moreDetails

Humanity Must Drive the Next Global Order: PM Modi AT NDTV World Summit

Parliament set to script history on Women’s Reservation, says PM Modi at Nari Shakti Vandan Sammelan
by Agencies
October 23, 2026

Says “ India Supports Inclusive Global Order Free from the Law of the Jungle” 'Viksit Bharat' as a Guarantee for...

Read moreDetails

PM Modi hails HM Amit Shah’s role in strengthening internal security on his birthday

Approval ratings indicate “global recognition of Modi Ji’s undeterred achievements”: HM Amit Shah
by United News of India
October 23, 2026

New Delhi : Prime Minister Narendra Modi on Thursday extended birthday greetings to union Home Minister Amit Shah, crediting his...

Read moreDetails

Modi, Netanyahu discuss West Asia crisis, reaffirm India-Israel strategic partnership

PM Modi Calls Up Netanyahu, Says “India Stands For Peace”
by Agencies
October 23, 2026

"Dialogue & Diplomacy": PM Modi’s Clear Message to Netanyahu on West Asia Conflict Leaders Reaffirm Commitment to India- Israel"Special Strategic...

Read moreDetails

CM Omar reviews developmental progress, implementation of govt schemes in Ang

CM Omar reviews developmental progress, implementation of govt schemes in Ang
by K H News Service
October 23, 2026

• Inaugurates, lays foundation stones for projects worth ₹52 Cr Anantnag| Oct, 10:Continuing his district-level outreach, Chief Minister Omar Abdullah...

Read moreDetails

Secy MoSJ&E lauds J&K’s grassroots welfare outreach, whole-of-government approach against drugs

Secy MoSJ&E lauds J&K’s grassroots welfare outreach, whole-of-government approach against drugs
by K H News Service
October 23, 2026

CS Dulloo reiterates commitment to saturation of welfare schemes Srinagar| Oct, 22: Union Secretary, Ministry of Social Justice and Empowerment,...

Read moreDetails

About

The publication of “Kashmir Horizon” as an English daily was started with a modest attempt on May 19, 2008.It has been a Himalayan attempt for “The Kashmir Horizon” to survive the challenges posed to journalism in the violence fraught place like Jammu & Kashmir.

MORE

Search in Archive

DIGITAL EDITION

  • About Us
  • Contact Us
  • Our Team
  • Advertise with Us
  • Contributors
  • FAQ
  • Privacy Policy
  • Terms of Service

© The Kashmir Horizon - Designed by Gabfire

No Result
View All Result
  • HOME
  • Region
  • City News
    • Srinagar
    • Jammu
  • News In Focus
  • Opinion
    • Editorial
    • Ideas
    • My Idea
    • Friday Faith
    • Letter to the Editor
  • Business
  • Sports
  • India
  • World
  • Snapshots
  • ePaper

© The Kashmir Horizon - Designed by Gabfire

✕
The Kashmir Horizon

FREE
VIEW