Why has Rahul Gandhi ceased to be an MP after his conviction? An explainer
If the person concerned ceases to be a legislator without an opportunity to bring their matter to appeal, then it is not just a travesty of justice for the legislator concerned, but is also dangerous to democracy.
Published on: 24 March 2023, 08:59 am
When a person ceases to be a legislator without an opportunity to bring their matter to appeal, it is not just a travesty of justice for the legislator concerned, but is also dangerous to democracy.
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YESTERDAY, a court in Gujarat convicted Indian National Congress leader Rahul Gandhi in a defamation case for his remark that "all thieves have Modi as their surname", in reference to fugitive businessmen Nirav Modi and Lalit Modi along with Prime Minister Narendra Modi, and sentenced him to two years of imprisonment, which is the maximum punishment under Sections 499 and 500 of the Indian Penal Code (IPC).
As per media reports, the court suspended the sentence imposed upon Gandhi for 30 days to enable him to file an appeal against the conviction.
The question that arose is whether the conviction and sentence could result in Gandhi ceasing to be a member of the Lok Sabha under Article 102 of the Constitution.
Article 102 deals with the disqualification of membership of a member of the Parliament (MP). It says
(1) A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament:
(a) if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder;
(b) if he is of unsound mind and stands so declared by a competent court;
(c) if he is an undischarged insolvent;
(d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State;
(e) if he is so disqualified by or under any law made by Parliament.
Explanation. —For the purposes of this clause a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State by reason only that he is a Minister either for the Union or for such State.
(2) A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule."