NEW DELHI, March 24 - Here's how Rahul Gandhi, leader of India's opposition Congress Party, was disqualified as a lawmaker by parliament and what could happen next:
Congress leader Rahul Gandhi has been disqualified from the Lok Sabha, a day after he was convicted in a defamation case by a Surat court. A notice issued by the Lok Sabha Secretariat said he stood disqualified from the House from March 23, the day of his conviction. Rahul Gandhi has to now move to a higher court and get his conviction to stay.
The notice read, “Consequent upon his conviction by the Court of the Chief Judicial Magistrate, Surat C.C./18712/2019, Shri Rahul Gandhi, Member of Lok Sabha representing the Wayanad Parliamentary Constituency in Kerala stands disqualified from the membership of the Lok Sabha from the date of his conviction i.e. 23 March 2023 in terms of the provisions of Article 102 (1)(e) of the Constitution of India read with Section 8 of the Representation of People Act,1951.”
On Thursday (March 23), Gandhi was held guilty and sentenced to two years in jail by a Surat court in a 2019 defamation case, over his remarks about the “Modi” surname. The conviction triggered the process of his disqualification as a lawmaker.
WHAT IS THE REPRESENTATION OF PEOPLE ACT, OF 1951?
The Representation of the People Act, 1951 is an act of Parliament of India to provide for the conduct of election of the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offenses at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections. It was introduced in Parliament by law minister Dr. BR Ambedkar.
There are several provisions that deal with disqualification under the RPA.
First, disqualification is triggered for conviction under certain offenses listed in Section 8(1) of The Representation of The People Act. This includes specific offenses such as promoting enmity between two groups, bribery, and undue influence or personation at an election. Senior Samajwadi Party leader Azam Khan lost his Uttar Pradesh Assembly membership in October 2022 after he was convicted in a hate speech case. Defamation does not fall on this list.
Section 8(2) also lists offenses that deal with hoarding or profiteering, adulteration of food or drugs, and for conviction and sentence of at least six months for an offense under any provisions of the Dowry Prohibition Act.
Section 8(3) states: “A person convicted of any offense and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.” This is the provision under which Rahul Gandhi has been disqualified.
HOW DOES THE DISQUALIFICATION WORK?
The disqualification can be reversed if a higher court grants a stay on the conviction or decides the appeal in favor of the convicted lawmaker. Significantly, the stay cannot merely be a suspension of sentence under Section 389 of the Code of Criminal Procedure (CrPC), but a stay of conviction.
Over the years, the law has changed when it comes to disqualification. Under the RPA, Section 8(4) stated that the disqualification takes effect only “after three months have elapsed” from the date of conviction. Within that period, lawmakers could file an appeal against the sentence before the High Court.
However, in the landmark 2013 ruling in ‘Lily Thomas v Union of India’, the Supreme Court struck down Section 8(4) of the RPA as unconstitutional. This is what has allowed the Lok Sabha Secretariat to immediately disqualify Rahul Gandhi.
WHAT DOES THE LAW SAY?
Section 8(3) of the Representation of the People Act, 1951, the law that governs elections in India, mandates the disqualification of any lawmaker who is "convicted of any offense and sentenced to imprisonment for not less than two years".
A lower court sentenced Gandhi, 52, on Thursday to two years in jail on charges of defamation for a 2019 speech in which he referred to thieves as having the surname Modi. India's prime minister is called Narendra Modi.
His disqualification as a lawmaker came into effect from the date of conviction. A formal disqualification notice was issued on Friday by the secretariat of India's Lok Sabha, the lower house of parliament of which Gandhi was a member.
CAN GANDHI CONTEST ELECTIONS?
Gandhi faces the risk of not being able to contest the next general election due in 2024 if his conviction is not suspended or overturned, or the sentence is not reduced by a higher court.
The law also mandates that convicted lawmakers cannot contest elections for six years after the end of their jail term.
Gandhi represented the Wayanad constituency in the southern state of Kerala.
Congress spokesperson Abhishek Manu Singhvi said on Friday the party was confident the conviction would be suspended.
WHAT NEXT FOR GANDHI?
To save his parliament seat, a convicted lawmaker has to secure an order from a higher court suspending the conviction, lawyers said.
A lawmaker can be reinstated to parliament if the conviction is stayed or overturned and a fresh election to the seat had yet to be conducted. A reduced sentence would also remove the disqualification.
Gandhi was present in the Gujarat court which gave him bail immediately and suspended the sentence for a month, allowing him to appeal against it.
He can secure bail extensions during the appeal period but cannot contest elections until the conviction stays or he is acquitted or he gets a reduced sentence in the case.
Supreme Court lawyer Vikram Hegde said the most likely recourse for Gandhi was to appeal to a sessions court and seek a stay of conviction.
Once a court suspends the conviction, the disqualification ceases to operate, Hegde told Reuters.
WHAT HAPPENED IN 2013?
In July 2013, India's top court ordered that lawmakers convicted of a serious crime would immediately forfeit their seats, closing off a loophole that had allowed politicians to stay on during appeals, which can drag on for years in India.
In response, then-Prime Minister Manmohan Singh's government, a coalition led by the Congress party, issued an executive order that could have allowed convicted lawmakers to continue to hold office and stand in elections.
Gandhi lambasted Singh's ordinance as "complete nonsense" and said it should be torn up and thrown out, embarrassing his own party and forcing the government to withdraw the decree.
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