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

People’s Participation Vital to Counter Terrorism, Narco-Terror: LG Sinha

From Awareness to Action: LG Sinha Ignites Next Phase for Drug-Free J&K
by K H News Service
August 22, 2026

• LG lays foundation stone of Amriteshwar Sarovar at Sunderbani in Rajouri • Says “community solidarity essential to counter terror,...

Read moreDetails

World sees India as bright spot for growth: PM Modi

Paper Leak Accused Won’t Be Spared, Fast-Track Courts to Be Set Up: PM Modi
by K H News Service
August 22, 2026

Says "Production Linked Punishment model of earlier 'License Raj' governments" Prime Minister Narendra Modi took a veiled dig at Congress...

Read moreDetails

LG Sinha Calls Agriculture a New Frontier for Youth Entrepreneurship

LG Sinha invites suggestions for SMVDSB’s upcoming ‘International Goddess Museum’ at Katra
by K H News Service
August 22, 2026

•Urges youth to turn local agricultural challenges into startups and jobs •Calls for greater use of AI, technology and innovation...

Read moreDetails

Govt’s committed to deport every illegal immigrant from country: HM Amit Shah

Fuel excise cut brings relief amid global crisis: Amit Shah hails PM Modi’s move
by K H News Service
August 22, 2026

Siliguri( West Bengal) :The Union Home and Cooperatives Minister, Amit Shah inaugurated a 6-day awareness exhibition on the three New...

Read moreDetails

CM Omar inaugurates Srinagar’s first ‘Waste to Wonder’ Flower Garden

CM Omar inaugurates Srinagar’s first ‘Waste to Wonder’ Flower Garden
by K H News Service
August 22, 2026

Says “Garden showcases creative reuse of discarded materials, promotes sustainable landscaping” Srinagar :Chief Minister Omar Abdullah Friday inaugurated Srinagar’s first...

Read moreDetails

CM Omar felicitates J&K’s four NEET toppers

CM Omar felicitates J&K’s four NEET toppers
by K H News Service
August 22, 2026

Srinagar: Chief Minister Omar Abdullah Friday felicitated four outstanding NEET achievers from Jammu and Kashmir, recognising their exceptional performance in...

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