Following his conviction in a defamation case over a remark that was deemed insulting to Prime Minister Narendra Modi, the former Congress president and opposition leader Rahul Gandhi was disqualified as a Member of Parliament on Friday.
A day before, Gandhi was sentenced to two years in jail for defamation by the Surat District Court. The charges were related to remarks made during a 2019 rally in Kolar, Karnataka in which he referred to people with the surname Modi as thieves.
Gandhi had said in Hindi, “How come all the thieves have Modi as the common surname?”
The verdict was delivered by Chief Judicial Magistrate HH Verma, based on a complaint lodged by a BJP MLA Purnesh Modi.
Being one of the highest-profile disqualifications of a sitting lawmaker, the case has brought attention to the disqualification process of MPs and MLAs, and its effect on the political future of Gandhi family scion.
In this article, we will explain the procedure and important points related to the disqualification of sitting representatives of the people.
What are the Provisions for disqualification of an MP/MLA?
There are three provisions for the disqualification of a Member of Parliament (MP) or a Member of the Legislative Assembly (MLA) in India.
1. Article 102 (1) and Article 191 (1) of the Constitution: An MP/MLA/MLC can be disqualified for holding any office of profit, being unsound mind, or disqualified by or under any law made by Parliament among others.
2. Tenth Schedule to the Constitution: Provisions are given for disqualification on grounds of defection.
3. The Representation of the People Act (RPA), 1951: various provisions that address disqualification including corruption, disloyalty, and conviction of certain offenses.
For what reasons was Rahul Gandhi expelled?
According to the notification issued by Lok Sabha Secretary, Rahul Gandhi was expelled under the “provisions of Article 102(1)(e) of the Constitution of India read with Section 8 of the Representation of the People Act, 1951.”
Article 102(1)(e) of the Constitution of India is a provision that deals with the disqualification of MPs “if he/she is so disqualified by or under any law made by Parliament.”
Section 8 of the RPA outlines the disqualification of a parliamentarian upon conviction of certain offenses. The provision aims to prevent individuals with a criminal background or those convicted of offenses from contesting elections and entering the Parliament.
Specifically, sub-section (3) of Section 8 states that any person who has been convicted of an offense and sentenced to imprisonment for not less than two years, except for offenses specified in sub-section (1) or sub-section (2), shall be disqualified from the date of such conviction.
Suppose an MP is convicted and sentenced to a minimum of two years of imprisonment for an offense under any law. In that case, they will be disqualified from being a Member of Parliament or the Legislative Assembly.
The disqualification takes effect from the date of conviction and continues for a period of six years from the date of their release from imprisonment.
In the past, a number of MPs have been disqualified under this provision after being convicted of criminal offenses. These include J Jayalalithaa, Lalu Yadav, Rajya Sabha MP Rasheed Masud, as well as MLAs Azam Khan and Abdullah Azam Khan, and Mohammed Faizal, who was an MP from Lakshadweep.
What happens when MP is disqualified?
According to The Leaflet, the Disqualification of a member of the House has three significant effects.
1. The disqualified lawmaker immediately loses their membership in the House.
2. They are prohibited from contesting any further elections for a duration of six years following their release from prison.
3. The seat of the disqualified member is declared vacant, and a by-election must be held to fill the vacancy.
The disqualified member has the right to appeal their conviction and sentence, and if the conviction is overturned, they can resume their position in the House.
What are the options before Rahul Gandhi?
After being convicted of defamation, Rahul Gandhi was granted a 30-day suspension of his sentence by the Surat court to allow him to file an appeal against the decision.
He would need to file his initial appeal with the Surat Sessions Court, followed by an appeal to the Gujarat High Court.
In the event that he does not receive any relief from the courts, he will be barred from running in elections for eight years, which includes two years of imprisonment and six years under the RPA provisions.
As a result, he may be unable to compete in the upcoming Lok Sabha elections scheduled for 2024.
What are the reactions of other leaders?
West Bengal CM Mamata Banerjee condemned the decision calling it a “new low for our constitutional democracy.”
“In PM Modi’s New India, opposition leaders have become the prime target of BJP! While BJP leaders with criminal antecedents are inducted into the cabinet, opposition leaders are disqualified for their speeches,” she said.
Tamil Nadu CM M K Stanlin called the disqualification a “death knell for democracy.”
While Former Maharashtra CM Uddhav Thackeray said, “This is a direct murder of democracy. All govt systems are under pressure. This is the beginning of the end of dictatorship.”
Aam Aadmi Party, via its Spokesperson, expressed its concern saying, “The federal government and BJP are misusing the law in an attempt to quash the voice of the opposition.”
Several Congress leaders came in support of Rahul Gandhi.
MP Shashi Tharoor said, “I’m stunned by this action and by its rapidity, within 24 hours of the court verdict and while an appeal was known to be in process. This is politics with the gloves off and it bodes ill for our democracy.”
Another MP Jairam Ramesh said, “We will fight this battle both legally and politically. We will not be intimidated or silenced.”
However, BJP leaders justified the expulsion as a judicial process.
Assam CM Himanta Biswa Sarma said, “Rahul Gandhi has not been disqualified by the government. He has been convicted by the court because in his speech he used unparliamentary, defamatory words against the OBC community, and as a consequence of the pronouncement of the Court, he has been disqualified. This is a judicial process and there is nothing political about it”
