Rahul Gandhi barred from contesting polls for 8 years? Here is what the law says

Congress leader Rahul Gandhi has been disqualified as a lawmaker after being convicted in a defamation case and sentenced to two years in jail. As per law and legal experts, Rahul Gandhi's disqualification has come into “immediate and automatic” effect upon his conviction and sentencing despite the grant of bail.
Gandhi was convicted by a court in Gujarat over his remark on Prime Minister Narendra Modi. He has got bail, and has been given 30 days' time to file an appeal.

Former Congress leader and Union law minister Kapil Sibal said that Rahul stands automatically disqualified as an MP with his two-year jail sentence. "If it (the court) only suspends the sentence that's not enough. There has to be a suspension or stay of conviction. He (Rahul Gandhi) can stay on as a member of parliament only if there is a stay on the conviction," Sibal told NDTV.

The court has granted him bail on a bond of Rs 10,000 and suspended the sentence for 30 days to allow him to appeal in a higher court. The Court has not suspended the conviction.

What does the Law say?
The Representation of the People Act, 1951, the law that governs elections in India, mandates immediate disqualification of any lawmaker who is "convicted of any offence and sentenced to imprisonment for not less than two years".

The law states that if one is convicted in any offence for two years then the seat will be vacant immediately.

Gandhi, 52, was on Thursday found guilty of criminal defamation by a magistrate's court in Gujarat for an election speech he made in 2019 in which he referred to thieves having Modi as their surnames.

The disqualification comes into effect immediately from the date of conviction.

A formal disqualification order will, however, have to be passed by the secretariat of the Lok Sabha.

Can Gandhi Contest Elections?
Gandhi faces the risk of not being able to contest Lok Sabha elections due in 2024 if his conviction is not suspended or overturned by a higher court before the elections.

According to a provision of the RP Act, a person sentenced to imprisonment of two years or more shall be disqualified "from the date of such conviction" and remain disqualified for another six years after serving time.

Gandhi represents the Wayanad constituency in Kerala.

How can Gandhi avoid disqualification?
To avoid disqualification, a convicted lawmaker has to secure an order from a higher court suspending the conviction, lawyers said.

The Representation of the People Act does not give any timeframe for securing such a suspension or acquittal before parliament passes the formal disqualification order.

The disqualification can also be overturned and the lawmaker reinstated to parliament if the conviction is stayed or overturned and a fresh election to the seat is yet to be conducted.

The reduction in quantum of sentence to below 2 years would also nullify the disqualification.

He can secure bail extensions during the appeal period but cannot contest elections until the conviction is stayed or he is acquitted in the case.

Gandhi, a senior leader of the Congress party and the scion of the Nehru-Gandhi political dynasty, will appeal in a higher court, his party said.

What was the case against Rahul?
BJP MLA and former Gujarat minister Purnesh Modi had filed a criminal defamation case against the Congress leader in 2019, following his comment, “how come all the thieves have Modi as a common surname”, at an election rally in Kolar, Karnataka. Purnesh Modi claimed that the reference had defamed the entire Modi community.

Several MP/MLAs disqualified since 2013:
Since 2013, many MPs/MLAs have been disqualified immediately upon their conviction and sentencing to jail term of two years and more. These include Lalu Yadav, then Tamil Nadu chief minister J Jayalalithaa, Rajya Sabha MP Rasheed Masud; MLAs Azam Khan and Abdullah Azam Khan; and Lakshadweep MP Mohammed Faizal.

UPA Ordinance that Rahul Gandhi tore to haunt him
The Congress-led UPA government, in 2013, had attempted to circumvent the Supreme Court ruling to set aside a RP Act provision and shield convicted lawmakers from immediate disqualification.

It was Gandhi who had opposed the Ordinance and tore the ordinance in a press conference as a token of protest.

Eventually, it had to be withdrawn. Now, following his conviction his act seems to have come back to haunt him.

(Inputs from Reuters)