MP or MLA’s membership will go immediately after being punished for 2 years or more
About 10 years ago, the Supreme Court in its historic decision had repealed Section 8(4) of the Representation of the People Act. Prior to that, the membership of public representatives who were convicted in criminal cases did not go away immediately. They had to approach the higher court challenging it within 3 months after the sentence was announced. As long as his appeal was pending in the higher court, his membership could not be lost. Not only this, his membership could not be terminated till the final decision on the appeal. If the High Court also confirmed the punishment, then the membership would have been saved if it was challenged in the Supreme Court. If the Supreme Court also upheld the sentence, then its membership would have survived till the review petition was pending. The membership of the convicted representative used to go only when there was no legal option left with him i.e. the final decision would come even on the appeal and the punishment would remain intact in that too. Firstly, the case used to be in the upper court for many years and in such cases, by the time the decision on the review comes from the Supreme Court, the tenure of the concerned people’s representative would definitely end. In its historic judgment of July 10, 2013, the Supreme Court declared Section 8 (4) of the Representation of the People Act as unconstitutional and said that the membership of the people’s representative will end with immediate effect if the punishment is at least 2 years. Not only this, he will also be ineligible to contest elections for the next 6 years from the date of completion of sentence. After this historic decision, on 1 October 2013, MP Rashid Masood, who was sentenced to 4 years imprisonment in a criminal case, lost his membership. He was the first MP who lost his membership of Parliament after the historic decision of the Supreme Court.
Lily Thomas case and Supreme Court’s historic decision
Advocate Lily Thomas and Lucknow-based advocate Satya Narayan Shukla, secretary of NGO Lok Prahari, challenged Section 8(4) of the Representation of the People Act in the Supreme Court. This section protected convicted politicians from disqualification from contesting elections, membership of elected members on the ground that their appeal against the sentence is pending in the higher courts. This case is known as the Little Thomas case. On 10 July 2013, the Supreme Court gave a historic verdict in this case. Justice A. Of. Patnaik and Justice S. J. Mukhopadhyay’s bench repealed Section 8 (4) of the Representation of the People Act, 1951, calling it unconstitutional. The court said in its decision that if MPs and MLAs are punished for 2 years or more in any criminal case, then their membership will end with immediate effect. After the completion of the sentence, he will not be able to contest elections for the next 6 years. Not only this, a convicted leader will not have the right to vote while in jail. They will not be able to contest elections.
The Manmohan government tried to overturn the Supreme Court’s decision through an ordinance.
The special thing is that in the same year, the UPA government led by Dr. Manmohan Singh tried to overturn the historic decision of the Supreme Court in the Lily Thomas case through an ordinance. The UPA government had tried to bring an ordinance to restore Section 8(4) of the Representation of the People Act. It is also a coincidence that calling that ordinance nonsense, Rahul Gandhi tore a copy of it and threw it away. Today, due to the same decision of the Supreme Court, Rahul Gandhi’s membership of the Parliament is hanging in the balance.
So will Rahul Gandhi’s parliament membership end immediately?
The Surat court has suspended its decision for a month. This has been done so that Rahul Gandhi can appeal against the decision during this period. That’s why Rahul Gandhi’s membership hardly goes for 1 month. If Rahul Gandhi manages to get a stay on the decision of the Surat court in this one month, then his Lok Sabha membership can remain intact.
Supreme Court lawyer demands Lok Sabha speaker to cancel Rahul Gandhi’s membership
Meanwhile, Supreme Court lawyer and activist Vineet Jindal has filed a complaint with Lok Sabha Speaker Om Birla, demanding that Rahul Gandhi be disqualified from Parliament. According to the news agency ANI, it has been said in the complaint that under Section 8 (3) of the Representation of the People Act, if an MP or MLA is punished for a crime for two years or more, then he will be considered disqualified from the day of the sentence. . The complainant has demanded the Speaker to cancel the Lok Sabha membership of Rahul Gandhi with immediate effect.