Impact of Lily Thomas case and Rahul Gandhi controversy

Impact of Lily Thomas case and Rahul Gandhi controversy

Corruption and criminalization have undermined trust in India’s democracy. Politicians with criminal records holding public office have become a major concern. The need to address the disqualification of such politicians is crucial to restore faith in the democratic system and uphold. 

Meaning of Disqualification: 

"Disqualification" means that a person is disqualified from being chosen as, and for being, a member of either House of Parliament or of the Legislative Assembly or Legislative Council of a State. 

 

Section 8(3) of the Representation of People Act, 1951: 

A person convicted of any offence and sentenced to imprisonment for not less than two years other than any offence referred to in sub-section (1) or sub-section 

(2)] shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release. 

 

Section 8(4)of the Representation of People Act, 1951: 

Notwithstanding anything in sub-section (1), subsection 2 and sub-section (3) a disqualification under either sub-section shall not, in the case of a person who on the date of the conviction is a member of Parliament or the Legislature of a State, take effect until three months have elapsed from that date or, if within that period an appeal or application for revision is brought in respect of the conviction or the sentence, until that appeal or application is disposed of by the court. 

Defamation

Defamation in general refers to an act of making false statements about someone to harm their reputation.

Defamation is of two kinds:

Libel 

Slander

Libel

If the statement is made in writing and published in some permanent and visible form, then the defamation is called libel.

Slander

If the statement is made by some spoken words then the defamation is called slander.

Defamation in Indian law

Defamation in India is addressed through both criminal and civil law. Under the criminal law, the Indian Penal Code, sections 499 to 502 deal with defamation. If someone is found guilty of defamation, they may face punishment in the form of a fine, imprisonment, or both. On the other hand, the civil law aspect, known as the Law of Torts, focuses on providing compensation to the victim of defamation. Unlike criminal law, which involves punishment, the civil law system aims to remedy the harm caused to a person’s reputation by awarding compensation.

Definition of defamation as per IPC SECTION 499 

Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.

Lily Thomas vs Union of India & Ors on 10 
July, 2013, (Bench: A.K. Patnaik, Sudhansu Jyoti Mukhopadhaya): 

Social activist Lilly Thomas filed a writ petition (No. 231 of 2005), challenging the constitutional validity of Section 8(4) of the Representation of People Act, 1951, which allowed convicted lawmakers (conviction carrying a sentence of at least two years of imprisonment) to continue in office if they filed an appeal within three months of their conviction. 

 

Decision: 

The Supreme Court held that Section 8(4) is "ultra vires" to the constitutional provisions. 

 

Rahul Gandhi controversy: 

Rahul Gandhi, a prominent leader of India's main opposition Congress party, was recently disqualified as a Member of Parliament (MP) after being found guilty of defaming Prime Minister Narendra Modi with a conviction of two years according to sections 499 and 500 of the IPC. The court convicted Mr. Gandhi for his remarks made during an election rally in 2019, where he had commented on PM Modi's surname which resulted in defamation of modi community. Due to Lily Thomas case, he will no longer hold his seat as an MP from Wayanad in the state of Kerala, even though he had a chance to appeal within 30 days to a higher court. 

 

Analysis: 

The landmark Lily Thomas vs UOI judgment for the disqualification of convicted lawmakers is a significant step in the fight against corruption and criminalization of politics in India. The recent disqualification of Rahul Gandhi highlights the disqualification of lawmakers to ensure that those convicted of criminal offenses cannot hold public office. 

 

References 

Lily Thomas vs Union Of India & Ors on 10 July, 2013 indiankanoon.org

Rahul Gandhi Lok Sabha disqualification: What is the Lily Thomas judgement? msn.com

The Representation of the People Act, 1951. indiankanoon.org

India Code: Section Details 

Rahul Gandhi disqualified as MP after conviction in defamation case - BBC News