New Delhi: The Lok Sabha Secretariat on Friday announced that the former Congress President Rahul Gandhi will no longer be a Member of the Parliament, following his conviction by the Surat District Court in a 2019 'defamation' case pertaining to Prime Minister Modi's surname. While his conviction makes Gandhi 'automatically disqualified' as per some legal experts, some others have opined that the erstwhile Opposition leader can find legitimate ways to get the conviction overturned and retain his membership in the Parliament.
Here is a brief account of the legal technicalities that led to the disqualification of the prime Opposition leader in India, and the possible ways he can opt for next to get reinstated in the Parliament.
Why was Rahul disqualified?
Rahul Gandhi, the Congress Opposition leader, was on Thursday pronounced guilty under a defamation case under article 102(1)(e) of the Constitution of India, read with Section 8 of the Representation of the People Act, 1951. He landed in soup for the comments he made on Prime Minister Modi's surname during an election rally in Karnataka in 2019. The district court sentenced him to 2 years jail -- the maximum sentence in a defamation case.
Though Gandhi was granted bail and 30 days time to appeal the decision, the order has led to his 'automatic disqualification' as a member of parliament under the law. As per Section 8(3) of the Representation of the People Act, 1951, a member of parliament automatically attracts disqualification, the moment they are convicted of any offence and sentenced for at least two years.
Consequently, the Lok Sabha Secretariat on Friday released a notice issuing his disqualification as the Member of Parliament.
What changes after the disqualification?
As long as the disqualification stands valid, Rahul Gandhi cannot attend parliamentary proceedings. The disqualification has also declared vacant the Wayanad seat in Kerala, which is the constituency from where Gandhi was elected an MP. The Election Commission can therefore announce a special election for the seat. Gandhi might also be asked to vacate his government bungalow in New Delhi.
What's next for Rahul?
Rahul Gandhi can appeal to the higher courts and challenge the decision, and request a stay on the conviction order. He has been granted a bail and a period of 30 days to do so. He can also appeal to the President for a respite, even as the Congress leaders have objected the disqualification claiming that only the President has the rights to disqualify MPs with consultation from the Election Commission.
Under Article 103 of the Constitution, it is the President who shall take a final call on whether a member of Parliament is subject to disqualification, thereby leaving scope for Gandhi to gain some respite.
