Bihar government oath-taking: As Bihar’s new government prepares for its oath-taking ceremony tomorrow, all eyes are on the jailed Anant Singh. The JDU candidate, who won from the Mokama constituency by 28,206 votes, was arrested weeks before the 2025 Bihar elections. He is the only politician to be in jail for a second time while winning an assembly election. Will he be able to take part in the oath-taking ceremony? What happens when prisoners win elections?
Who is Anant Singh?
Anant Singh contested the Bihar elections from the Mokama constituency on a JDU ticket. He fought the election from jail and won by 28,206 votes. Singh will be the only representative in Bihar and in the country who was in jail even five years ago when he won an election. Anant Kumar Singh is a strong mobiliser of the Bhumihar caste vote bank and a four-time legislator who has been repeatedly embroiled in serious criminal cases, ranging from murder to illegal possession of arms. The foundation of Singh’s political career was laid by his elder brother, Dilip Singh, who had his own history as a regional strongman. After Anant Singh aligned with Nitish Kumar’s JD(U) in the early 2000s, his political career picked up momentum.
Rules for swearing in a jailed politician
According to Article 188 of the Indian Constitution, every member of the State Legislative Assembly must take and subscribe to the prescribed oath before assuming office. If an elected person is in jail and is not a convicted felon, the oath-taking procedure will be as follows.
After obtaining parole from the court, he can take the oath, after which he will have to return to jail. In some cases, if the court does not grant parole, the Speaker or an authorised official may administer the oath inside the jail, but this is not common.
What happens next?
If an MLA remains in jail even after taking the oath, they cannot participate in House proceedings. In such a case, they must inform the Speaker in writing. They must submit an application for leave of absence, which the Speaker then forwards to the House’s Members’ Absence Committee, which considers it. However, they cannot be absent from House proceedings for more than 59 days at a stretch.
What if convicted
If a chargesheet is filed in this murder case and the charges are minor, he may be released on bail and can then participate in Assembly proceedings as an MLA. However, if the chargesheet includes serious offences, it will be difficult for him to secure release until the verdict is delivered. Still, parole or short-term bail for a few days is possible.
If he is found guilty after the court proceedings and is sentenced to two years or more, he will be disqualified under the Representation of the People Act, 1951, and he will lose his legislative seat.
