Pro-Khalistani leader Amritpal Singh entering polls raises question: Can convicts contest elections?

Amritpal plotting political plan?

Amritpal Singh, a jailed pro-Khalistan leader currently residing in an Assamese jail, is eager to run as an independent candidate in Punjabs Khadoor Sahib seat for the Lok Sabha. Singh, the leader of the group Waris Punjab De, was detained in April of last year following a NSA booking.

Run elections unless you are guilty!

Convicted individuals can run for office unless proven guilty. Disqualification lasts a maximum of six years after their jail term ends. Legislation dictates immediate disqualification for six years after release from prison for sentences exceeding two years.

Sections aids to matter in hand

Section 8 of the Representation of the People Act-1951 addresses the disqualification of lawmakers from assembly and parliament following a conviction and includes a mention of this provision.

Six year ban conundrum for fellons

The six-year ban on convicted politicians running for office has often been upheld in court. In one of the instances from last year, the SC was encouraged to think about giving MPs guilty of certain offenses a life ban rather than the current six-year one.

Curious case of RaGa

In April 2023, Congressman Rahul Gandhi was disqualified as the Wayanad member of parliament due to slander by a Surat court. This decision was based on legal statutes & would have rendered him ineligible for office until April 20, 2023. However, the SC later overturned the disqualification, allowing RaGa to resume his position as a MP.

SC rules!

The Supreme Court ruled in a landmark decision in July 2012 that an individual detained by the police or in jail is unable to run for office in a legislative body. The Representation of the People Bill, 2013, which was passed by Parliament, overruled the SC ruling by preserving the ability of prisoners to participate in elections.

Jail won't stop them

While incarcerated political figures like Mukhtar Ansari, Amarmani Tripathi, Pappu Yadav, Varun Gandhi, Lalu Prasad Yadav, Mayawati, Jayalalithaa etc. have perviously fought in elections