Politicizing A Legal Issue
By A Special Correspondent
First publised on 2023-03-26 11:12:27
About the Author
The law, as
it stands today, calls for immediate disqualification of an MP or MLA if they
are convicted in any case and sentenced to two years or more in jail. There was some
confusion about sitting members of legislatures but it has been pointed out
that the immunity of three months granted to them (they could not be
disqualified for three months in which they could file an appeal against the
conviction and the sentence and continue to be members of the respective legislature
they represented) was removed when in 2013 when the Supreme Court held that
Section 8(4) of the Representation of the People Act (which granted this
immunity) was unconstitutional. Hence, an MLA or MP stands disqualified the
moment he or she is convicted in a case and sentenced to two years or more in
jail. It does not matter whether he or she has been given bail or the sentence
has been suspended pending appeal. If the conviction is not stayed, the MLA or
MP stands disqualified from the day of his or her conviction.
The Congress,
the opposition parties and Rahul Gandhi's supporters, who are saying that the
government is targeting him, are wrong in this case. Yes, the NDA government is
targeting Rahul Gandhi in various ways. But in the Modi surname case in which
he has been convicted leading to his disqualification from Parliament, it is
the law that is taking its own course. Do they want to say that Rahul Gandhi is
above the law or that the government must make an exception in his case?
The high profile
lawyers in the Congress party have said that the Surat court judgement is 'flawed' and 'full of holes'. If it is so, they must file an appeal and get it quashed
legally. Then, Rahul Gandhi will neither be jailed nor lose his MP status. The
Congress party and the opposition must refrain from politicizing a legal issue.
