What are the laws under which Rahul Gandhi has been disqualified?
Context- 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 a higher court and get his conviction stayed.
(Credits- Indian Express)
What is the law?
- Section 8(3) of the Representation of the People Act, 1951 states that “a person convicted of any offence 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.”
- Thus, the disqualification is triggered by the conviction itself, and not by the Lok Sabha notification. The notification is merely a formal notice to Rahul, who was in Lok Sabha on Friday before the House was adjourned.
Is the authority of the Speaker final in this regard?
- The Supreme Court in its ruling in Lok Prahari v Union of India (2018) clarified that a disqualification triggered by a conviction will be reversed if the conviction is stayed by a court. “Once the conviction has been stayed during the pendency of an appeal, the disqualification which operates as a consequence of the conviction cannot take or remain in effect,” the ruling said.
What are Article 102(1)(e) of the Constitution and Section 8 of the RP Act?
- Article 102 of the Constitution deals with grounds for disqualification of a parliamentarian.
- Sub-clause (e) of Article 102(1) says an MP will lose his membership of the House “if he is so disqualified by or under any law made by Parliament”. The law in this case is the RP Act.
- Section 8 of the RP Act deals with disqualification of a lawmaker for conviction in certain offences. The provision is aimed at “preventing criminalisation of politics and keeping ‘tainted’ lawmakers from contesting elections.
Source- Indian Express
NEWS- What are the laws under which Rahul Gandhi has been disqualified?
Syllabus- Prelims; Current Affairs
