Politics

Rahul Gandhi's Lok Sabha membership ends, know what the law says?

The Parliament membership of Rahul Gandhi, who was a Lok Sabha member from Wayanad in Kerala, has been cancelled. In fact, convicting him in a 2019 criminal defamation case a Surat court in Gujarat has sentenced Rahul Gandhi to two years in jail. This sentence has been given in the criminal defamation case filed against Rahul Gandhi in 2019 for the comment related to 'Modi surname'. Let us know what is the whole matter…

Why was Rahul Gandhi's membership terminated?

According to a notification issued by the Lok Sabha Secretariat on Friday, Rahul Gandhi's membership has been terminated under Article 102 of the Constitution and Section 8 of the Representation of the People Act. Rahul Gandhi was convicted in a case and sentenced to two years in jail by a Surat court in Gujarat on Thursday. After this, the Lok Sabha Secretariat decided to disqualify him with the effective from 23 March 2023.

What is Representation of the People Act?

According to the Representation of the People Act, a person sentenced to imprisonment for two years or more will be disqualified 'from the date of conviction' and will remain ineligible to be a public representative for six years after completion of the sentence.

What is the blame on Rahul Gandhi?

• A court in Gujarat's Surat convicted Rahul Gandhi of defaming the surname 'Modi' in a 2019 criminal defamation case and sentenced him to two years in jail. It was alleged that Rahul Gandhi, with his remarks, reduced the dignity of the entire 'Modi' community.

• During the 2019 Lok Sabha elections, Rahul Gandhi gave the slogan 'Chowkidar Chor Hai'. He had said at a rally in April 2019, “I have a question. Tell me one thing…Nirav Modi, Lalit Modi, Narendra Modi…how come all thieves are named Modi? We don't know how many more such Modis will emerge."

• Nirav Modi is the main accused in the Rs 13,000 crore PNB fraud and had fled India till then. Lalit Modi is an accused in the alleged IPL scam. He too had fled from India.

• BJP MLA Purnesh Modi moved the magistrate court in Surat, accusing Rahul Gandhi of defaming an entire community.

What does the law say about this?

• Articles 102(e) and 191(e) and the Representation of the People Act-1951 deals with the disqualification of an MP or MLA. Prior to July 2013, a convicted MP/MLA was not liable for immediate loss of membership.

• But a Supreme Court ruling held the delay in disqualifying a provision of the 1951-Act pending an appeal at appellate court as unconstitutional.

• The then Manmohan Singh government brought an ordinance in September that year to reverse the Supreme Court's decision. A few days later, Rahul Gandhi dismissed the ordinance as "complete rubbish" that "should be torn up and thrown away".

However, Congress leader Rahul Gandhi is not the first leader to be denied membership. Even before this, the membership of many such leaders has gone after the verdict. Let us now know which leaders had to lose their membership under the Representation of the People Act…

Lalu Yadav: Parliament membership lost after the fodder scam

Rasheed Masood: MP after being sentenced to 4 years in MBBS seat scam

Ashok Chandel: Lost his membership to legislature after being imprisoned for life

Kuldeep Sengar: assembly membership ends after life imprisonment

Abdullah Azam: Lost his membership to legislature after 2 years sentence

 

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