Rahul Gandhi disqualified as Lok Sabha MP; Here's what can happen next

Rahul Gandhi has been disqualified as a member of the Lok Sabha after being convicted by a Surat court over his 'Modi surname' remark. His disqualification notification comes when the Congress is already on the backfoot electorally nationally and has seen several of its senior leaders leaving the party.

The court convicted Rahul Gandhi in a criminal defamation case on Thursday (March 24) and sentenced him to two years imprisonment. However, Rahul was also granted bail as the court has suspended the sentence for 30 days, allowing him to appeal to a higher court.

Significantly, the conviction has now ousted him from Lok Sabha, the Lower House of Parliament, leaving him with no official position. He had won from Kerala's Wayanad in the 2019 Lok Sabha election.

What can happen next?

Rahul Gandhi can avoid conviction if he wins the case in a higher court

Rahul Gandhi is no longer an MP due to his conviction and sentencing in a 2019 defamation case. However, legal experts say that despite the fact that the former Congress president has lost his Lok Sabha membership, the action can be staved off if he manages to get the conviction overturned.

As per Section 8(3) of the Representation of the People Act, 1951, the moment a legislator is convicted of any offence and sentenced for at least two years, that particular member attracts disqualification.

EC can now announce a by-election

With the Wayanad Lok Sabha constituency now vacant after Rahul’s disqualification, the Election Commission of India can now announce a by-election for the same.

Status of his bungalow

Since he is now no longer a member of Lok Sabha, Rahul Gandhi can now be asked by the government to vacate his central Delhi government bungalow.

If the verdict given by the Gujarat Court is not stayed and overturned by any higher court, he may end up losing the opportunity to fight elections for the next six years. As per the rule of law, he may not be allowed to contest elections for the next eight years. 

According to the Representation of the People Act, 1951, Section 8 (3) a person convicted of any offence and sentenced to imprisonment for not less than two years (other than any offence referred to in sub-section (1) or sub-section (2)) 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.

So he will not be eligible to contest elections for the next eight years including the 2024 Lok Sabha polls.

However, Rahul's team plans to challenge the verdict in a higher court. If Rahul's appeal for suspension of sentence or freezing of the order is not accepted by the higher court, they may knock on the Supreme Court's door.

What is the ruling, and how does the disqualification operate?

He was convicted by Chief Judicial Magistrate HH Varma in a 2019 defamation case. Gandhi, while addressing a rally in Karnataka's Kolar, said, "Why do all thieves have the name Modi?" indicating the Prime Minister, whose name also carries the "Modi' surname.

"Why do all thieves, be it Nirav Modi, Lalit Modi, or Narendra Modi, have Modi in their names?" was the exact statement made by him in Hindi during a rally.

He has been charged with Section 500 of the Indian Penal Code (IPC), which prescribes for defamation a simple imprisonment for a "term which may extend to two years." Gandhi has been given bail on a surety of Rs 15,000.

A lawmaker can be disqualified in three situations. First is through Articles 102(1) and 191(1) for disqualification of an MP and MLA respectively. Second is the ground that includes holding an office of profit, being of unsound mind or insolvent, or not having valid citizenship. Under this, a member is disqualified on grounds of defection. The third prescription is under the 1951 Representation of the People Act (RPA), which allows the disqualification of a lawmaker if he or she is convicted in criminal cases.