New Delhi. The coming days may be difficult for Asaduddin Owaisi. The reason for this is that Asaduddin Owaisi raised the slogan ‘Jai Palestine’ in the Lok Sabha after taking oath as MP on Tuesday. Lawyer Harishankar Jain has complained to the President against Asaduddin Owaisi. In his complaint, Harishankar Jain has requested to cancel Asaduddin Owaisi’s membership of Parliament, citing Article 102 and 103 of the Constitution. So let us tell you what Article 102 and 103 of the Constitution say?
What does Article 102 of the Constitution say?
A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament-
(a) if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify the holder of the office;
(b) if he is of unsound mind and stands so declared by a competent court;
(c) if he is an undischarged insolvent;
(d) if he is not a citizen of India or has voluntarily acquired the citizenship of a foreign State or has acknowledged allegiance or adherence to a foreign State;
(e) if he is so disqualified by or under any law made by Parliament.
the explanation-For the purposes of this section, a person shall not be deemed to hold an office of profit under the Government of India or the Government of a State by reason only that he is a Minister of the Union or of such State.
(2) A person shall be disqualified for being a member of either House of Parliament if he becomes so disqualified under the Tenth Schedule.
What does Article 103 of the Constitution say?
(1) If a question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications specified in clause (1) of article 103, the question shall be referred to the President for his decision and his decision shall be final.
(2) Before deciding any such question the President shall seek the opinion of the Election Commission and shall act in accordance with such opinion.
What will the President do now?
Now if President Draupadi Murmu sends the complaint to the Election Commission and takes its opinion and it is said from there that Asaduddin Owaisi violated the provision of the Constitution, then Owaisi’s membership of Parliament may be in danger. However, Owaisi is now clarifying that many other MPs also raised different slogans after taking oath. Owaisi also says that he should be told under which provision it is wrong to say Jai Palestine.