Rahul Gandhi disqualified from parliament. What next for the Indian opposition leader?

Congress leader Rahul Gandhi, a prominent opposition leader in Indian politics, was disqualified from parliament on Friday (March 24). Gandhi's disqualification comes after a court in Gujarat found him guilty in a 2019 defamation case on Thursday. Gandhi, 52, was granted bail and his jail sentence has been suspended for 30 days allowing him to appeal to a higher court. Following his disqualification, the Congress leader will not be able to contest elections for eight years. This comes as general elections will take place in India next year.

The Congress has said that it would legally and politically challenge Rahul Gandhi's disqualification from the Lok Sabha.

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The parliament notice on Friday said that Gandhi was disqualified from the membership of the Lok Sabha as per the provisions of Article 102 (1) (e) of the Constitution of India read with Section 8 of the Representation of the People Act, 1951.

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Article 102(1)(e) of the Constitution states that a person shall be disqualified for being chosen as, and for being, a member of either House of Parliamentif he is so disqualified by or under any law made by Parliament."

The law made by Parliament in question is Section 8 of the Representation of the People Act, 1951, which disqualifies representatives on conviction.And this point applies to Rahul Gandhi's case.

Section 8(3) of The Representation of the People Act, 1951 says 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/her release. However, 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.

The Congress leader will be moving the sessions court and the higher courts soon.

Speaking to reporters on Friday, senior party leader and lawyer Abhishek Manu Singhvi cited the Lok Prahari case and said that there is no automatic disqualification as Article 103 of the Constitution states that only the President has thepower to disqualify after taking the advice of the Election Commission (EC).

However, Singhvi said he had doubts if Gandhi`s membership will be restored if the sentence is stayed because things have moved at a lightning speed in the defamation case.

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Another Congress MP and lawyer, Manish Tewari said under the Constitution, only the President has the power to disqualify an MP.

"Under COI powers to disqualify an MP lie with the President -Article 103 if disqualification is incurred under Article 102 (1) (e). In Re Lok Prahari VS ECI (2018) 18 SCC 114 SC records EC`s contentions qua Lily Thomas but records no finding that disqualification is automatic", Tewari tweeted.

The ruling Bharatiya Janata Party (BJP), however disagrees. Speaking to the Indian news channel NDTV, BJP MP and lawyer Mahesh Jethmalani said that by the operation of the law, Rahul Gandhi stands disqualified, but the decision has to be communicated to the Speaker. "But as of today, he stands disqualified," Jethmalani added.

Rajya Sabha MP Kapil Sibal, who was earlier with the Congress, told NDTV said that Gandhi stands automatically disqualified as an MP with his two-year jail sentence.

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