What Led To Rahul Gandhi's Conviction And Disqualification From The Lok Sabha?

On Friday, due to his conviction in a defamation case filed against him in Gujarat, Congress leader Rahul Gandhi was disqualified from his position as a Member of Parliament (MP) of the Lok Sabha.

What led to Rahul Gandhi's conviction?

During the 2019 political campaign, Rahul Gandhi delivered a speech in Kolar that caused controversy. In that speech, he made a connection between Prime Minister Narendra Modi and fugitives like Nirav Modi and Lalit Modi, and other Modis. 

According to Purnesh Modi, a former BJP MLA, Gandhi insulted and defamed all people with the Modi surname in his speech. The court agreed with Purnesh Modi and held that Rahul Gandhi had insulted all individuals with the surname 'Modi'. According to Judge Hadirash Varma, Gandhi should have exercised restraint since he is an MP, whose words have a greater impact. Consequently, he was convicted in a defamation case filed against him.

What was the punishment given to Gandhi?

It was found that Gandhi violated Sections 499 and 500 of the Indian Penal Code (IPC), which can result in prison time or a fine of up to two years. However, the court granted him bail and suspended the sentence for 30 days, giving him the opportunity to appeal before a higher court.

How did Rahul Gandhi lose his seat in the Lok Sabha?

Rahul Gandhi was disqualified from his position as an MP in the Lok Sabha following his conviction in a defamation case. The notification issued by the Lok Sabha Secretariat, less than 24 hours after the Surat court ruling, stated that Gandhi's disqualification is in accordance with Article 102(1)(e) of the Constitution read with Section 8 of the Representation of the People Act, 1951.

Section 8 of the Representation of the People Act, 1951, disqualifies representatives on conviction, and Section 8(3) of the Act specifies that a person convicted of an offense and sentenced to at least two years of imprisonment will attract disqualification. The period of disqualification under the Act is six years from the release of the convict from prison, but sub-section (4) states that disqualification will not take effect until three months have elapsed from the date of the conviction or until an appeal or revision application is disposed of by the court.

However, a 2013 Supreme Court ruling has made this provision nullity. As a result, Gandhi's disqualification as an MP took effect immediately upon his conviction, despite the provision requiring a three-month delay.