Examine the laws under which Rahul Gandhi has been disqualified. How is the Lily Thomas judgement implicated in this disqualification?
Rahul Gandhi had made a remark about the “Modi” surname during the 2019 Lok Sabha elections saying “Why do all thieves, be it Nirav Modi, Lalit Modi or Narendra Modi, have Modi in their names?”
- The judges used Section 500 of the Indian Penal Code (IPC) which prescribes for defamation a simple imprisonment for a “term which may extend to two years, or with fine, or with both.”
- The court also allowed his bail on a surety of Rs 15,000 and suspended the sentence for 30 days for further appeal.
Disqualification criteria w.r.t. Rahul Gandhi
Indian Constitution
There are three disqualification criteria:
- Using Articles 102(1) and 191(1) – The grounds here are holding an office of profit, being of unsound mind or insolvent or not having valid citizenship.
- Using the Tenth Schedule of the Constitution – disqualification of the members on grounds of defection.
- The Representation of The People Act (RPA), 1951 provides for disqualification for conviction in criminal cases.
Representation of The People Act
- Section 8(3) of the RPA states: “A person convicted of any offense 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.”
- This section has been applied to the current case based on other factors.
How does the disqualification operate?
- The disqualification can be reversed if a higher court allows a stay on the conviction or decides the appeal in favour of the lawmaker.
- In a 2018 case in ‘Lok Prahari v Union of India’, the Supreme Court ruled that the disqualification “will not operate from the date of the stay of conviction by the appellate court.”
Lily Thomas verdict
Famously known as the Lily Thomas judgement is a 2013 ruling by the SC in the Lily Thomas vs Union of India case. The apex court struck down, as "unconstitutional", Section 8(4) of the Representation of The People Act. As per the section of the RP Act, a sitting member of the House will not be disqualified from holding membership of the House if he/she is convicted of an offence punishable by more than two years in prison but files an appeal within three months of the conviction.
With the verdict, the SC declared that an MP or an MLA would stand disqualified immediately upon his or her conviction. The Lily Thomas verdict meant that lawmakers would not be able to retain membership by simply filing an appeal but would need to secure a stay on their conviction in the case.
Looking ahead
While the political score setting is always at play in party politics and representative democracies, the underlying currents need to be understood. The lawmakers at times do sway and get carried away during election heats and make derogatory remarks against others which should be avoided as far as possible.
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