If Prajwal wins, oath-taking will be decided by court, Lok Sabha Speaker

What will happen to Janata Dal (Secular) MP Prajwal Revanna, accused of multiple rapes, if he is elected to the Lok Sabha from the Hassan constituency in Karnataka? Can he take the oath as an MP again?

Some experts say Prajwal can take oath as an MP only if he surrenders before the Special Investigation Team (SIT), formed to investigate the crime he is charged with, and gets arrested.

Crime and punishment

He can then seek permission from the court to attend the oath-taking ceremony. Else, the Speaker can provide a separate time for him if he sends a request through his legal counsel.

However, if he gets elected and still does not surrender to the police, he may be considered a 'refugee' and could face consequences depending on the decision of the Lok Sabha Speaker.

The time limit for an MP to take the oath of office is typically 'within a reasonable period' following the first sitting of the new House. But the rules do not specify what is 'reasonable time'.

Oath-taking

The newly elected members are expected to take the oath at the earliest. This generally happens within a few days to weeks after the election results are declared, according to Karnataka High Court advocate K Devaraj.

According to the rules, the President convenes the first session of the newly elected Lok Sabha or Rajya Sabha. The oath-taking is usually the first order of business.

Article 99 of the Constitution mandates that every MP must take an oath or affirmation before taking his or her seat in Parliament. But it does not specify a deadline for this process.

Reasonable time

If an elected member does not take the oath within a reasonable time, they may face certain consequences such as not being able to take part in the proceedings or draw their salary and allowances.

Persistent failure to take the oath could potentially lead to questions about their membership although there are no explicit constitutional or statutory provisions prescribing a specific deadline for the oath, said Supreme Court advocate P Usman.

In practical terms, if an elected member is unable to take the oath due to legal or personal reasons, they must resolve these issues promptly.

Absconder MP?

If an absconder is elected, they would need to address their legal situation and take the oath as soon as possible to avoid complications regarding their parliamentary role, according to Usman.

Former Karnataka public prosecutor BT Venkatesh feels that if an absconder is elected, he cannot take oath before surrendering to the authorities or if he is apprehended and goes through the legal process.

Being an absconder means that the individual is evading arrest or has fled from the custody of law enforcement, which legally precludes them from participating in parliamentary activities.

Powers of MP

Venkatesh told The Federal that if Prajwal gets elected, he will enjoy the powers of an MP.

"If so, he can come back to India and face the police cases and get arrested. Then also, he can avail permission from the court to attend the Lok Sabha for oath-taking. He can give reasons to claim the postponement of oath-taking if the Speaker permits," he said.

Advocate K Devaraj feels that only if an accused is convicted for two or more years, his membership will be cancelled. For now, Prajwal is only an accused.

Surrender first

If he returns to India and gets arrested, then also he can fulfil his fundamental duties as an MP from jail. When necessary, he can seek legal interference to participate in the Lok Sabha or oath-taking, he said.

So, in Prajwal Revanna's case, he must surrender to the authorities or be arrested. If he is granted bail, he would be allowed to move freely under certain conditions set by the court.

Once released on bail, he can attend parliament and take the oath of office, assuming no other legal barriers prevent him from doing so.

The crime

Without resolving his absconding status, if he wins, he cannot fulfil his duties because his legal status as a fugitive prevents him from engaging in activities related to a public office.

Prajwal flew away to Germany and has been reportedly travelling from one country to another after videos showing him having sex with scores of women against their wishes emerged amid the Lok Sabha elections.

His uncle, former Karnataka Chief Minister HD Kumaraswamy, and grandfather, former Prime Minister HD Deve Gowda, have asked Prajwal to return to India without delay and surrender to the authorities.