A social activist from Kerala, Aabha Muralidharan, has filed a plea in the Supreme Court challenging the automatic disqualification of lawmakers upon their conviction and being sentenced to a jail term of two years or more according to section 8(3) of the Representation of the People Act. The plea has sought a declaration that the provision is “arbitrary” and “illegal” and ultra vires the Constitution.
The plea was filed in light of Congress leader Rahul Gandhi’s recent disqualification as a member of Parliament from the Wayanad Lok Sabha constituency after being convicted in a criminal defamation case. The plea alleges that the current disqualification rules do not consider the nature, gravity, and seriousness of the offences, and provide for an “automatic” disqualification, which is against the principles of natural justice.
The petition argues that an automatic disqualification of people’s representatives restrains them from freely discharging their duties towards their respective constituencies, which is against the principles of democracy. It also claims that members of Parliament are the voice of the people and uphold the right to freedom of speech and expression of millions of their supporters who have elected them.
The plea further contends that the grounds for disqualification ought to be specific with the nature of offences as specified under the Code of Criminal Procedure (CrPC) and not in a “blanket form,” as currently in force according to section 8(3) of the 1951 Act.
The plea has named the Centre, the Election Commission, the Rajya Sabha Secretariat, and the Lok Sabha Secretariat as party respondents. It has sought a declaration that there is no automatic disqualification under section 8(3) of the 1951 Act and in cases of automatic disqualification under the provision, the same be declared ultra vires the Constitution.
Former Congress chief Rahul Gandhi was disqualified from the Lok Sabha on March 24, 2023, a day after he was convicted by the Surat court in a defamation case. The Lok Sabha Secretariat issued a notification announcing his disqualification, effective from the date of his conviction.
The plea has also argued that the Lily Thomas verdict, which declared section 8(4) of the 1951 Act ultra vires the Constitution, is being “blatantly misused for wreaking personal vengeance by political parties.” It has further sought a declaration that the mandate under section 499 of the Indian Penal Code or any other offence prescribing a maximum punishment of two years in jail will not automatically disqualify any incumbent member of a legislative body as it violates the freedom of speech and expression of an elected representative.
(Inputs from agencies)
The Chenab Times News Desk