Can Jailed Leaders Function as MPs?
- Legal framework: Section 8(3) of the Representation of People Act, 1951 (RPA) disqualifies MPs if they are convicted of any offence and sentenced to imprisonment for not less than two years.
- Constitutional right: Despite being in prison, jailed leaders have the constitutional right to take oath as Members of Parliament.
- Temporary bail: Jailed leaders can seek temporary bail or custody to attend the oath-taking ceremony and perform other ancillary functions as MPs.
Rights of MPs if Arrested
- Oath-Taking: Jailed leaders can take oath as MPs, but they must seek permission from authorities to be escorted to Parliament for the ceremony.
- Inability to attend proceedings: After taking the oath, they must inform the Speaker in writing about their inability to attend House proceedings.
- Speaker's referral: The Speaker will refer their requests to the House Committee on Absence of Members, which will make a recommendation on their absence.
- Conviction and Disqualification: If convicted and sentenced to a minimum of two years in prison, they will immediately lose their seats in the Lok Sabha.
