Congress MP Rahul Gandhi was convicted in a defamation case for his remarks against Prime Minister Narendra Modi. He was sentenced to two years in jail. Soon after the news of his conviction, which came as shock to many, broke, questions on whether the parliamentarian will be able to retain his position as a Lok Sabha member started to arise.
The concerns arose as the Supreme Court in its verdict of 2013 in the Lily Thomas vs Union of India case ruled that a Member of Parliament or Member of the Legislative Assembly and a Member of the Legislative Council who is convicted of a crime and given a minimum punishment of two years imprisonment loses membership of the House with immediate effect.
However, the apex court’s 2013 verdict was in contrast to its previous position, where the court held that any member of the house can hold on to their seats to the point they exhausted all their judicial remedy. The court had also declared Section 8(4) of the Representation of People Act, which allowed elected representatives three months to appeal their conviction.
As per reports, Rahul Gandhi was present in the Surat court when the sentence was pronounced.
Technically, going by the Supreme Court’s last verdict on the matter concerning a house member’s disqualification post-conviction, a two years imprisonment for Rahul Gandhi means his disqualification from Lok Sabha under Section 8(3) of the Representation of the People Act, 1951.
What can Rahul Gandhi do now?
The constitution of India allows any convict to approach a higher court for an appeal if he or she is dissatisfied with the sentencing of the lower court, In this case, as well, Rahul Gandhi can approach the higher bench. If the court reverses the sentence, Rahul Gandhi will be able to save his Lok Sabha membership.
Meanwhile, the Surat court has granted Rahul Gandhi bail and stayed its order for 30 days so the Congress leader can appeal in a higher court.
