Amid the ongoing controversy over Rahul Gandhi’s disqualification as a member of parliament, NewsX analyzes the potential outcomes & implications of the case as the higher courts examine it.
In a defamation case, Rahul Gandhi was convicted and sentenced to two years in jail by the Surat court on 24 March. The opposition attacked the Narendra Modi government for targeting Rahul Gandhi and former Union Law Minister Kapil Sibal said, ”Gandhi stood automatically disqualified as an MP with his two-year jail term. “If it (the court) only suspends the sentence that’s not enough. There has to be a suspension or stay of conviction. He (Rahul Gandhi) can stay on as a member of parliament only if there is a stay on the conviction.”
What the law states?
Representation of the People Act, 1951, states that a lawmaker must be disqualified on immediate basis if he or she is convicted of any crime punishable by at least two years of imprisonment”.
The lawmakers will also have to vacate their seats immediately if convicted for more than two years.
Will Rahul contest 2024 or not?
Scenario 1
The Lok Sabha Speaker can revive Rahul Gandhi’s MP status if the conviction and jail sentence are stayed
Scenario 2
Rahul Gandhi will not be able to contest the 2024 elections if the conviction is not stayed
Scenario 3
The conviction would be stayed if Rahul Gandhi were on bail, but he would be able to contest if his release from jail is issued.
Scenario 4
If conviction is stayed but he is not on bail, then Rahul Gandhi will not be able to contest and he will serve time in prison.
‘In defamation cases in the past, Congress was confident that they would survive, since courts are generally lenient in these cases. In this case, we found that he received the maximum punishment of 2 years, which automatically disqualified him from the Lok Sabha. As a result, it is up to the legal team to devise a strategy for Gandhi to prevail,’ said political analyst, Sumitra Goenka.
No matter how much the BJP, or how much Mr. Modi tries, Rahul Gandhi’s voice will not be silenced. What is happened is clearly the question Rahul Gandhi asked of Mr. Modi on his relations with Adani, stated Congress spokes person Sujata Paul.
Court has given multiple opportunities to apologies but he did not, he insulted an entire community =by his remarks. This means he was not targeting the people but he was targeting the community, he was clearly targeting & insulting OBC community, BJP spokesperson, KC Sharma.
‘Although there may be disturbing and baffling factors in the mandate and verdict, it doesn’t take away your right to appeal and to obtain a stay and remain as a Member of Parliament. Rahul Gandhi’s aggressive & attacking style has now been given a political hue. As a result, the legal aspects have been subordinated to political considerations & political ambitions,’ said Adv Sushil Teriwal.
