Disqualification As MP "Automatic": Mahesh Jethmalani On Rahul Gandhi
NDTV
In the Lily Thomas versus Union of India case, the Supreme Court had ruled that "any MP, MLA or MLC convicted of a crime and given a minimum of 2 years' jail loses membership of the House with immediate effect"
Congress's Rahul Gandhi, who was convicted for two years in a defamation case involving his remarks on Prime Minister Narendra Modi, stands automatically disqualified from parliament under a Supreme Court judgment of 2013, noted lawyer and BJP MP Mahesh Jethmalani told NDTV today.
"By the operation of the law, he stands disqualified but the decision has to be communicated to the Speaker. But as of today, he stands disqualified," Mr Jethmalani told NDTV in an exclusive interview.
In the Lily Thomas versus Union of India case, the Supreme Court had ruled that "any MP, MLA or MLC who is convicted of a crime and given a minimum of 2 years' jail loses membership of the House with immediate effect".
The court had scrapped the Section 8(4) of the Representation of the People Act, which allowed elected representatives three months to appeal against their conviction, calling it "unconstitutional".
