top of page

Supreme court judgment that led to Rahul Gandhi's disqualification from Lok Sabha

Congress leader Rahul Gandhi has been disqualified as an MP of the Lok Sabha as a result of his indictment by a Surat court in a criminal defamation case related to the ‘Modi’ surname.


Supreme court judgment that leads to Rahul Gandhi's disqualification from Lok Sabha
Rahul Gandhi, Reuters


What happens when a sitting MP is convicted? - A look at the relevant SC judgment


Let’s take a look at what the Supreme Court said in relation to the disqualification of a sitting MP/MLA once they are convicted.


In its landmark judgement in the Lily Thomas case, the top court ruled in 2013 that if an incumbent MP or MLA is declared a convict, they would lose their seat immediately, thereby making it vacant.


The apex court declared section 8(4) of the Representation of People Act invalid. When this section was in vogue, a convicted MP or MLA could continue after filing an appeal against the conviction within 90 days. But now, it is not the same. Hence the Rahul Gandhi disqualification.



It’s to be noted that only those convictions which come under sections 8(1), 8(2), 8(3) of the Representation of the People Act, (RPA) will lead to immediate disqualification.


The top court was of the view that if there are certain conditions that forbid an individual from contesting elections, the same should also apply to an incumbent elected representative from continuing in office. It also held that the Parliament doesn’t have the power to make different laws for members and non-members.



The Constitutional view

While Article 102(1) specifies the conditions for the disqualification of the incumbent and aspiring candidates to both Houses of judgment Parliament, Article 191(1) talks about the disqualification of sitting members and aspiring candidates to the state Assembly or Legislative Councils.


The top court struck down section 8(4) of the Representation of People Act which had provided a special privilege to incumbent members.


With this judgement, political parties will think twice before giving tickets to aspirants with criminal antecedents. It has gone a long way in ensuring that a convicted MP/MLA will lose his seat, thereby sending a message that political cleanliness is non-negotiable.


Read more at Deccan Herald


Read more topics:

36 views0 comments

Comments


Planner 5D- Interior design app

Planner 5D- Interior design app

Flipkart Online Shopping App

Flipkart Online Shopping App

World population to reach 8 billion this year, as the growth rate slows

July 12, 2022 at 6:57:56 AM

15 November 2022 is predicted to be the day that the global population reaches eight billion. The projection is revealed in the UN’s World Population Prospects 2022 report, which also shows that India is on course to surpass China as the world’s most populous country in 2023.

World population to reach 8 billion this year, as the growth rate slows

WHO: Nearly one billion people have a mental disorder

June 22, 2022 at 7:20:50 AM

Nearly one billion people worldwide suffer from some form of mental disorder, according to the latest UN data – a staggering figure that is even more worrying if you consider that it includes around one in seven teenagers.

WHO: Nearly one billion people have a mental disorder

What can the UN do? Check the top 5 questions answered

April 6, 2022 at 10:51:48 AM

The current war in Ukraine, following the Russian invasion, has sparked all sorts of questions about the United Nations, particularly the role of the Security Council, the General Assembly and the Secretary-General.

What can the UN do? Check the top 5 questions answered

Ukraine: UN’s Guterres joins call for Bucha war crimes probe

April 6, 2022 at 8:22:29 AM

UN chief António Guterres on Tuesday added his voice to the growing international calls for a war crimes investigation into the killing of civilians in the Ukrainian town of Bucha.

Ukraine: UN’s Guterres joins call for Bucha war crimes probe

Recent terrorist attacks in Israel undermine ‘prospects for peace’: Guterres

March 31, 2022 at 8:29:57 AM

Secretary-General António Guterres on Tuesday night condemned recent terrorist attacks in Israel that have claimed the lives of at least 11 Israeli citizens.

Recent terrorist attacks in Israel undermine ‘prospects for peace’: Guterres

China's BYD ceases to produce gasoline-powered vehicles

4/4/22, 7:00 AM

Chinese auto manufacturer BYD announced Sunday that it has already ceased the production of traditional gasoline-powered vehicles starting from March.

China's BYD ceases to produce gasoline-powered vehicles

Performance-oriented all-new ŠKODA SLAVIA 1.5 TSI Launched creates a segment of its own

3/27/22, 10:42 AM

All new ŠKODA SLAVIA 1.5 TSI starts at ₹ 16.19 lacs

Performance-oriented all-new ŠKODA SLAVIA 1.5 TSI Launched creates a segment of its own

CARS24 Raises $450 Million, Nearly Doubles Its Valuation To $1.84 Billion

9/25/21, 6:16 AM

CARS24, India’s leading e-commerce platform for pre-owned vehicles, announced today the closing of a $450M round of funding including a $340M Series F equity round alongside $110M debt from diversified financial institutions.

CARS24 Raises $450 Million, Nearly Doubles Its Valuation To $1.84 Billion

Tata Motors launches the ‘XPRES’ brand for fleet customers

7/18/21, 6:13 PM

Tata Motors, one of India’s leading automobile manufacturers, today announced the launch of a new brand ‘XPRES,’ exclusively for fleet customers.

Tata Motors launches the ‘XPRES’ brand for fleet customers

Audi India announces curated ownership plans for Audi e-tron and Audi e-tron Sportback customers

7/18/21, 5:56 PM

Special Service Plans, Extended Warranty and Buyback for a hassle-free ownership experience

Audi India announces curated ownership plans for Audi e-tron and Audi e-tron Sportback customers

TikTok hits 1 billion global active users

9/28/21, 8:56 AM

TikTok mission is to inspire creativity and bring joy.

TikTok hits 1 billion global active users

FACT CHECK: Crypto is increasingly being used for criminal activity and is a haven for illicit finance

6/23/21, 6:11 AM

Because cryptocurrency is still new, we are often asked about the biggest myths surrounding it. It’s common for a new market or product to confuse people until they get familiar with it. Think about Airbnb: the idea of staying in a stranger’s home seemed crazy until it didn’t.

FACT CHECK: Crypto is increasingly being used for criminal activity and is a haven for illicit finance

PUBG: NEW STATE surpasses 17 Million Google play store PRE-REGISTRATIONS following its recent ALPHA TEST

6/19/21, 4:40 AM

KRAFTON, Inc. to open pre-registration for the game on Apple’s App Store in Q3 2021

PUBG: NEW STATE surpasses 17 Million Google play store PRE-REGISTRATIONS following its recent ALPHA TEST
bottom of page