The victories of imprisoned candidates Amritpal Singh and Sheikh Abdul Rashid have raised questions about their eligibility as Members of Parliament in India. Despite their wins in the Khadoor Sahib and Baramulla constituencies, their ability to serve in the Lok Sabha hinges on the legal framework and the implications of their criminal charges. If convicted and sentenced to imprisonment for two years, they will automatically lose their seats. Past cases indicate that incarcerated individuals have been granted permission to temporarily fulfill their elected duties, but the final decision will ultimately rest with the House. Singh, detained under the National Security Act (NSA), has been vocal about his initiatives against drug abuse in Punjab, while Rashid faces charges under the Unlawful Activities Prevention Act (UAPA) and ran for election on an Awami Ittehad Party ticket.
![[Poll Battles] Can Politicians in Jail Contest Elections?| Eligibility to Participate but Not Vote](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/05/image-7-5.png?resize=447%2C367&ssl=1)
In India, jailed politicians can run for office but lose their right to vote. Amritpal Singh, a jailed Khalistani separatist, is contesting the Khadoor Sahib parliamentary constituency election. The Representation of the People Act disqualifies convicts, not undertrials, from elections. Several politicians, including Rahul Gandhi, have run for office while incarcerated. The Supreme Court is considering expediting trials of criminal cases against lawmakers. Over 4,900 cases are pending against Members of Parliament and Members of Legislative Assembly/Council, with nearly 1,900 of these cases being over five years old.