Rahul Gandhi Disqualification UPSC
Source : Indian Express
GS II : Parliament-Structure, organization, functioning and conduct of business etc

What is discussed under Rahul Gandhi Disqualification UPSC?

1. Sentence for Conviction
2. Sections 499 and 500
3. Disqualified from the Lok Sabha

Why in News ?

Recently Rahul Gandhi was convicted by a Gujarat court in a defamation case brought against him, and as a result, he was barred from serving as a Member of Parliament (MP) in the Lok Sabha.

Key Facts

Background

• During the 2019 election campaign, Gandhi gave a speech at Kolar in which he compared Prime Minister Narendra Modi and said “Why do all thieves, be it Nirav Modi, Lalit Modi or Narendra Modi, have Modi in their names?”.
• Gandhi, according to Purnesh Modi, a former BJP member of the Legislative Assembly (MLA), humiliated and defamed everyone with the surname Modi.
• Court dusring verdict agreed that  Rahul Gandhi had insulted all persons with the surname ‘Modi’.

Sentence for Conviction

• Gandhi was found guilty in line with Sections 499 and 500 of the Indian Criminal Code (IPC), which carries a maximum penalty of two years in prison and/or a fine.
• In order to give him time to appeal to a higher court, the court gave him bail and deferred the punishment for 30 days.

Provisions for disqualification from Lok Sabha

1. Article 102(1) of the Constitution of India
2. Section 8 of the Representation of the People Act, 1951.
3. Role of President : Article 103
4. 10th schedule of the Indian Constitution
5. Judgements

1. What is Article 102(1)(e)?

• • A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament:
    • If he is so disqualified by or under any law made by Parliament.
  • Article 102(1) in The Constitution Of India 1949
    • A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament

• • • • 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
      • If he is of unsound mind and stands so declared by a competent court
      • If he is an undischarged insolvent
      • 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
      • 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. What is Section 8 of RPA 1951 Says?

• • When a person is convicted of any offence and sentenced to at least two years of imprisonment, she or he attracts disqualification.
  • The period of disqualification under the Act is stipulated to be six years from the release of the convict from prison.
  • The MP was granted three months from the date of his conviction before his disqualification as an MP went into effect, in accordance with subsection (4).
    • However, this provision is a nullity in light of a 2013 Supreme Court ruling.

3. Role of President

• • Article 103 shows that the President of India is the authority who decides that a sitting member has become subject to disqualification in all cases which come under Article 102(1).
  • Sub Clause (e) of Article relates to all cases of disqualification under the RP Act 1951 which include disqualification on conviction and sentence under Section 8(3) of the Act.

4. 10th schedule of the Indian Constitution

• • The 10th schedule talks about anti-defection law.
  • Defection refers to the action of giving up one’s allegiance to a particular group or organization, particularly a political party.
  • Parliament of India passed Anti-Defection Law, 10th Schedule in the year 1985 through the 52nd amendment.

5. Judgement

1. 1. Lily Thomas v. Union of India (2013)

• 1. • Any legislator/parliamentarian convicted of a crime and awarded a minimum of two years imprisonment loses membership of the house with immediate effect.
     • In 2013 the government intrduced ordinance to overturn the verdict Rahul Gandhi hemslef opposed the congree move.

Is it possible to overturn the Disqualification of Gandhi?

• Approaching the higher court in order to stay the lower court order.
• Lok Prahari v. Union of India : The disqualification under Section 8 will not apply if a conviction is suspended by Section 389 of the Code of Criminal Procedure (CrPC).

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