Can Rahul Gandhi’s conviction cost him his MP status? Here’s what the law says

Congress leader Rahul Gandhi was held guilty and sentenced to two years in jail by a Gujarat court in a 2019 defamation case over his remarks about the Modi surname.
Congress leader Rahul Gandhi
Congress leader Rahul Gandhi

A Surat district court in Gujarat, on Thursday, March 23, found Congress leader Rahul Gandhi guilty in a criminal and civil defamation case for his statement against Prime Minister Narendra Modi in 2019. Rahul was held guilty under Indian Penal Code sections 499 (defamation) and 500 (criminal defamation). The maximum possible punishment under this section is two years. He was also granted bail and the sentence was suspended for 30 days to allow him to appeal in a higher court.  

Rahul had said, “How come all thieves have Modi as the common surname?” during a rally in Karnataka’s Kolar in the run-up to the 2019 Lok Sabha elections. BJP MLA and former Gujarat Minister Purnesh Modi had filed the case against Rahul Gandhi for his alleged "how come all the thieves have Modi as the common surname..." remark. 

Several questions have been raised with regard to Rahul continuing as Member of Parliament from the Wayanad Lok Sabha constituency following his conviction.

Can Rahul Gandhi be disqualified as MP?

There are two instances in which an MP, who has been convicted for an offence can face disqualification. The first instance is if the offence they have been convicted for, is listed under Section 8(1) of the Representation of the People Act, 1951, which includes various offences such as promoting enmity between various groups, bribery, rape, cruelty towards women, exercising undue influence and so on. The sections which Gandhi has been convicted for, does not fall under this section. 

The second instance is if the representative has been convicted for an offence listed under Section 8(3) of the said act, which 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”. With Rahul being sentenced for two years imprisonment, he technically stands to be disqualified from the Lok Sabha. 

Rahul Gandhi in his first reaction after being convicted by a Surat court on Thursday said, "my religion is truth". Quoting Mahatma Gandhi, Rahul said in a tweet in Hindi, "My religion is based on truth and non-violence, truth is my God, and non-violence is a way to achieve it."

Priyanka Gandhi Vadra also tweeted (in Hindi) and said, "The fearful powers are using all methods to down the voice of Rahul Gandhi, but my brother has never been afraid. We have lived while speaking the truth and will always speak the truth and raise voice for the nation." She said that Rahul's strength is the power of truth and the crores of people behind him.

Congress President Mallikarjun Kharge said on Thursday that they will appeal in higher courts against the conviction of Rahul Gandhi. In a tweet (in Hindi) he said, "Coward, dictator BJP government is rattled by Rahul Gandhi and the opposition because we are exposing their bad deeds by demanding JPC. Modi government has gone politically bankrupt. It sends ED, police and lodges cases against speeches. We will appeal in higher courts."

Related Stories

No stories found.
The News Minute
www.thenewsminute.com