Rahul gandhi disqualification

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Rahul Gandhi's Disqualification Constitutes an Abuse of Power Accusations of cronyism and favouritism have been a weak spot for PM Narendra Modi, amplified by the recent Adani affair. The reaction to these accusations has not been to address them head-on, or to respond to legitimate questions, including in Parliament, but to attack those who make these critiques. The disqualification of Rahul Gandhi from his seat in parliament, following his conviction in a criminal defamation case filed by a BJP legislator in Gujarat after a speech Gandhi made during the 2019 general election campaign in Karnataka is an important political moment that can be broken down into three aspects: the law, politics, and the larger meaning of this event for India’s democracy. On the legal aspect, Rahul Gandhi’s supporters say, not without reason, that this swift disqualification is the distortion of a law that was meant to remove from the parliament elected representatives convicted of serious crimes, like fraud, corruption, or violent crimes. In the present case, the judge handed down a sentence that matches exactly the minimum required for the disqualification clause to kick in, under Section 8(3) of The Representation of the People Act. This obviously raises suspicions, even though the letter of the law remains unbroken. The case itself is questionable. As the legal scholar Gautam Bhatia noted in a tweet, “References to a generic class of persons are not actionable unless an individual can show...

Removal of a member of the Lok Sabha Disqualification of Rahul Gandhi Date 24 March 2023 Location Cause Conviction of Outcome Disqualification from holding public office and contesting in the The disqualification of Rahul Gandhi as member of the Conviction and disqualification [ ] On 13 April 2019, during a political rally in On 16 July 2019, the Surat court exempt Gandhi from personal appearance in court due to a short notice. On 23 February 2022, the Surat Court rejected Purnesh Modi's request to make Rahul Gandhi "personally explain" the contents of the On 23 March 2023, the Surat court convicted Rahul Gandhi and sentenced him to two years in prison stating that Gandhi "has accepted the controversial facts". He was given 30 days to appeal his sentence. On 24 March, one day after the conviction, Lok Sabha On 3 April, Gandhi was able to appeal and obtain Domestic response [ ] The Indian National Congress observed the day of disqualification as a "black day for Indian democracy" The conviction and disqualification prompted opposition leaders to take an unified stand; 14 major opposition parties jointly moved to the The opposition parties include the International reactions [ ] The Democrat co-chair of the India Caucus in the Germany's Foreign Ministry spokesperson said that Berlin had "taken note" of the verdict, and was watching the next steps, including his ability to appeal the verdict and whether the "suspension of his mandate" was justified. See also [ ] • References ...

Wayanad MP Rahul Gandhi’s membership of Parliament has been cancelled following his conviction and sentencing by a local court in Surat on Thursday. A notification issued by the Lok Sabha Secretariat on Friday said Rahul “stands disqualified from the membership of Lok Sabha from the date of his conviction i.e. 23 March, 2023 in terms of the provisions of Article 102(1)(e) of the Constitution of India read with Section 8 of the Representation of the People Act, 1951”. A copy of the notification was forwarded to “Shri Rahul Gandhi, Ex-MP”. Congress president Mallikarjun Kharge with leaders of other Opposition parties during a protest in New Delhi on Friday. Anil Sharma Why has the Lok Sabha Secretariat issued this notification? It is part of the procedure. In a note on October 13, 2015, the Election Commission of India had asked state chief secretaries to issue appropriate instructions to the department dealing with prosecutions to ensure that cases of conviction of sitting MPs or MLAs were brought to the notice of the Speaker or Chairman of the House, and to the Chief Electoral Officer of the state, along with the order of conviction within seven days of the order. Explained | Section 8(3) of the Representation of the People Act, 1951 states 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 r...

Recommended • Modi’s BJP has a stranglehold on Indian politics – Rahul Gandhi hopes a 136-day walk can change that • India's Rahul Gandhi accuses PM Modi of favoring Adani Group • Indian actor jailed for tweet saying Hindutva is ‘full of lies’ The house was adjourned within seconds of the ruckus, but opposition lawmakers continued to protest after the speaker had left. A day later, a parliament notice said Gandhi stood disqualified as a member of the lower house from the date of his conviction in compliance with constitutional requirements. Congress lawmakers dressed in black also gathered at the statue of Mahatma Gandhi – whom Rahul Gandhi is not related to – outside the parliament on Monday in protest. Lawmakers led by Congress chief Mallikarjun Kharge and former party president and Gandhi’s mother Sonia Gandhi staged a sit-in demonstration at Kartavya Path, a landmark near the parliament, holding a huge banner that read “Satyamev Jayate” (“Truth alone triumphs”) and waving placards with “Save Democracy” written on them. The leaders of at least 16 other parties joined them. “You want to defame Rahul Gandhi, that is why you transferred the case to Gujarat, even as the comments were made in Kolar in Karnataka. Today is a black day for democracy,” Mr Kharge said about Gandhi’s disqualification. Gautam Adani is the founder and chair of the multinational conglomerate and is often accused of benefiting from his proximity to Mr Modi. “How has Adani’s wealth multiplied so much i...

WHAT DOES THE PIL STATE? The petition has been filed by a Kerala-based activist, Aabha Muralidharan, who has submitted that "section 8(3) is promoting a platform for false political agendas to be pursued by different political parties in the name of disqualification and hence is directly attacking the democratic structure of the people's representative in pursuance of political interest which can also cause unrest to the electoral system of the country." "Operations of Lily Thomas (supra) are being blatantly misused for wreaking personal vengeance on political parties. That the present scenario provides a blanket disqualification, irrespective of the nature, gravity, and seriousness of the offences, allegedly against the concerned Member, and provides for an “automatic” disqualification, which is against the principles of Natural Justices, since various convictions are reversed", the PIL stated. "All that the petitioner and the petition wish to establish is that the right under Article 19 1 (a) enjoyed by the Member of Parliament is an extension of the voice of millions of his supporters. If the offence under Section 499 and 500 of the IPC, which just technically has a maximum punishment of 2 years, is not removed singularly from the sweeping effect of the judgement in Lily Thomas, it will have a chilling effect on the right of representation of the citizens," it says further. ALSO READ | WHAT IS RAHUL GANDHI'S CONVICTION CASE? A Surat court The case was filed under IPC 49...

Rahul Gandhi disqualification | Congress holds satyagraha; MPs, MLAs to wear black on March 27 While Congress leaders linked Mr. Gandhi’s disqualification to his questioning of the Adani group and its political links, his sister Priyanka Vadra evoked her father’s martyrdom and called the PM a “coward” March 26, 2023 11:14 am | Updated March 30, 2023 02:05 pm IST - New Delhi Congress Leader Priyanka Gandhi Vadra arrives at Raj Ghat for one day ‘Sankalp Satyagraha’ | Video Credit: ANI ‘Not intimidated’ “The democracy of this country has been nurtured by the blood of my family. Those who think that they will intimidate us by humiliating us, conducting raids by agencies, they think wrong. We are not afraid,” she said, speaking at Rajghat. “Who is this Adani? You are giving away the country’s wealth to him. He has thousands of crores in shell companies. You can’t even order an inquiry against him? The entire government gets rattled by his name,” Ms. Vadra said. Also Read | ‘Son of the martyr’ She said that her father had been insulted in parliament. “The son of the martyr was called ‘Mir Jafar’. BJP’s CM asks who is his father? PM raises questions on ‘Nehru surname’ in Parliament? There is no case against you, your membership is not cancelled,” she said. Congress chief Mallikarjun Kharge thanked the Opposition parties for standing in support of Mr. Gandhi. He asked, “If Adani earns ₹12 lakh crore in just two and a half years, then it is necessary to ask: Where did this money co...

Wayanad MP Rahul Gandhi’s membership of Parliament has been cancelled following his conviction and sentencing by a local court in Surat on Thursday. A notification issued by the Lok Sabha Secretariat on Friday said Rahul “stands disqualified from the membership of Lok Sabha from the date of his conviction i.e. 23 March, 2023 in terms of the provisions of Article 102(1)(e) of the Constitution of India read with Section 8 of the Representation of the People Act, 1951”. A copy of the notification was forwarded to “Shri Rahul Gandhi, Ex-MP”. Congress president Mallikarjun Kharge with leaders of other Opposition parties during a protest in New Delhi on Friday. Anil Sharma Why has the Lok Sabha Secretariat issued this notification? It is part of the procedure. In a note on October 13, 2015, the Election Commission of India had asked state chief secretaries to issue appropriate instructions to the department dealing with prosecutions to ensure that cases of conviction of sitting MPs or MLAs were brought to the notice of the Speaker or Chairman of the House, and to the Chief Electoral Officer of the state, along with the order of conviction within seven days of the order. Explained | Section 8(3) of the Representation of the People Act, 1951 states 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 r...

Rahul Gandhi disqualification | Congress holds satyagraha; MPs, MLAs to wear black on March 27 While Congress leaders linked Mr. Gandhi’s disqualification to his questioning of the Adani group and its political links, his sister Priyanka Vadra evoked her father’s martyrdom and called the PM a “coward” March 26, 2023 11:14 am | Updated March 30, 2023 02:05 pm IST - New Delhi Congress Leader Priyanka Gandhi Vadra arrives at Raj Ghat for one day ‘Sankalp Satyagraha’ | Video Credit: ANI ‘Not intimidated’ “The democracy of this country has been nurtured by the blood of my family. Those who think that they will intimidate us by humiliating us, conducting raids by agencies, they think wrong. We are not afraid,” she said, speaking at Rajghat. “Who is this Adani? You are giving away the country’s wealth to him. He has thousands of crores in shell companies. You can’t even order an inquiry against him? The entire government gets rattled by his name,” Ms. Vadra said. Also Read | ‘Son of the martyr’ She said that her father had been insulted in parliament. “The son of the martyr was called ‘Mir Jafar’. BJP’s CM asks who is his father? PM raises questions on ‘Nehru surname’ in Parliament? There is no case against you, your membership is not cancelled,” she said. Congress chief Mallikarjun Kharge thanked the Opposition parties for standing in support of Mr. Gandhi. He asked, “If Adani earns ₹12 lakh crore in just two and a half years, then it is necessary to ask: Where did this money co...

WHAT DOES THE PIL STATE? The petition has been filed by a Kerala-based activist, Aabha Muralidharan, who has submitted that "section 8(3) is promoting a platform for false political agendas to be pursued by different political parties in the name of disqualification and hence is directly attacking the democratic structure of the people's representative in pursuance of political interest which can also cause unrest to the electoral system of the country." "Operations of Lily Thomas (supra) are being blatantly misused for wreaking personal vengeance on political parties. That the present scenario provides a blanket disqualification, irrespective of the nature, gravity, and seriousness of the offences, allegedly against the concerned Member, and provides for an “automatic” disqualification, which is against the principles of Natural Justices, since various convictions are reversed", the PIL stated. "All that the petitioner and the petition wish to establish is that the right under Article 19 1 (a) enjoyed by the Member of Parliament is an extension of the voice of millions of his supporters. If the offence under Section 499 and 500 of the IPC, which just technically has a maximum punishment of 2 years, is not removed singularly from the sweeping effect of the judgement in Lily Thomas, it will have a chilling effect on the right of representation of the citizens," it says further. ALSO READ | WHAT IS RAHUL GANDHI'S CONVICTION CASE? A Surat court The case was filed under IPC 49...