Lok Sabha / Rashid and Amritpal took oath as MPs, will go back to jail today after meeting their families

Lok Sabha: Lok Sabha: Kashmiri leader Sheikh Abdul Rashid, lodged in Tihar Jail in Delhi, and Khalistan supporter Amritpal Singh, lodged in Dibrugarh Jail in Assam, took oath as MPs on Friday (July 5). Both came out on parole today and took oath in Parliament House. Engineer Rashid got two hours parole from Tihar Jail to take oath. At the same time, Amritpal Singh has got 4 days parole. However, after meeting the family, both will be taken back to Tihar and Dibrugarh jail today itself.

Rashid won the 2024 Lok Sabha elections from Baramulla seat in Jammu and Kashmir while in jail. A case of terror funding is registered against him under the Unlawful Activities (Prevention) Act. Amritpal has won the Lok Sabha election from Khadoor Sahib in Punjab.

A case is registered against Amritpal under the National Security Act. Due to being in jail, both could not take oath along with other MPs on June 24 and 25 in the first session of the 18th Lok Sabha. It is necessary for a new MP to take oath within 60 days. If this is not done, his membership can be lost.

Article 99 for Lok Sabha and Article 188 for Rajya Sabha determine that it is necessary for every MP to take oath before assuming office. Until an MP takes oath, he cannot participate in any proceedings of the House. Until he takes oath, he cannot even take advantage of the rights of being a Member of Parliament.

Under the Constitution, it is mandatory for an MP to take oath within 60 days. If an MP is unable to take oath within this period, then his seat can be considered vacant. However, there is also a provision to extend this period under certain circumstances. If an MP does not take oath without extension, the seat of an MP can be declared vacant.

An MP can demand an extension of the period within 60 days. For this, he will have to make an application, in which he will have to mention the reason for his absence.

A committee is formed to monitor the attendance of members in the Lok Sabha. The Speaker appoints members in this committee. Generally, senior and experienced members are included in it. The responsibility of the committee is to review and decide the cases impartially.

All the absent MPs have to inform the committee about the reason for their absence. Then the recommendations of the committee are presented in the House, on which the final decision is taken after voting.