Rahul Gandhi disqualified as LS MP; What happens next? Details here

Here is what the law says and the options before Rahul Gandhi, the Congress leader and MP from Wayanad

Congress party’s Lok Sabha MP from Wayanad, Rahul Gandhi, was today disqualified as a Member of Lok Sabha (MP, Lok Sabha) after he was convicted by a Surat Court yesterday in the criminal defamation case over his ‘Modi surname’ remark.

The Surat court had also approved Gandhi’s bail on a surety of Rs 15,000 and suspended the sentence for 30 days to allow him to appeal.

As per Section 500 of the Indian Penal Code (IPC) a simple imprisonment for a “term which may extend to two years, or with fine, or with both” is prescribed.

WHAT DID RAHUL GANDHI SAY?
Rahul Gandhi had said, ‘why do all thieves have the name Modi’, during a rally in Kolar, Karnataka, in the run-up to the 2019 Lok Sabha elections.

WHY WAS RAHUL GANDHI DISQUALIFIED?

The conviction triggered the process of his disqualification as a lawmaker.

Disqualification of a lawmaker is prescribed in three situations. First is through the Articles 102(1) and 191(1) for disqualification of a member of Parliament and a member of the Legislative Assembly respectively. The grounds here include holding an office of profit, being of unsound mind or insolvent or not having valid citizenship.
The second prescription of disqualification is in the Tenth Schedule of the Constitution, which provides for the disqualification of the members on grounds of defection.
The third prescription is under The Representation of The People Act (RPA), 1951. This law provides for disqualification for conviction in criminal cases.

Section 8(3) of the RPA states: “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.”

WHAT HAPPENS TO RAHUL GANDHI NOW? WILL HE CEASE TO BE MP FOREVER? WHAT ARE THE OPTIONS BEFORE RAHUL GANDHI?

The disqualification can be reversed if a higher court grants a stay on the conviction or decides the appeal in favour of the convicted lawmaker.

In a 2018 decision in ‘Lok Prahari v Union of India’, the Supreme Court clarified that the disqualification “will not operate from the date of the stay of conviction by the appellate court.”

The stay cannot merely be a suspension of sentence under Section 389 of the Code of Criminal Procedure (CrPC), but a stay of conviction. Under Section 389 of the CrPC, an Appellate Court can suspend the sentence of a convict while the appeal is pending. This is akin to releasing the appellant on bail.
This means that Gandhi’s first appeal would be before the Surat Sessions Court and then before the Gujarat High Court.

(With inputs from Indian Express)

Also Read: My brother lived speaking truth, will continue the same: Priyanka Gandhi

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