The disqualification of Rahul Gandhi, along with two other lawmakers, has once again brought attention to the provisions of the Representation of the People Act, which has been used to remove 42 members from Parliament since 1988. The Act deals with the automatic disqualification of MPs and state legislators upon being convicted and sentenced for two years or more in a criminal case. The disqualification of lawmakers has been on various grounds, including changing political allegiances, for conduct unbecoming of a parliamentarian, and after being convicted by a court for crimes that have a jail term of two years or more.
The disqualification of Congress leader Gandhi, NCP leader Mohammad Faizal P P, and BSP leader Afzal Ansari came after their conviction by courts with jail terms of more than two years. The Act was also used in the past to disqualify 19 lawmakers from the 14th Lok Sabha in connection with the cash-for-query scam and cross-voting. The anti-defection law enacted in 1985 has also been used to disqualify several lawmakers, including Jharkhand Mukti Morcha leader Shibu Soren and Samajwadi Party member Jaya Bachchan, for holding an office of profit.
The Supreme Court has upheld the expulsions of several lawmakers from the Lok Sabha and the Rajya Sabha, including six members of the BJP, two from BSP, and one each from the Congress and RJD in 2005 over the ‘cash for query’ scam. The 10th Lok Sabha saw four members being disqualified from the House under the anti-defection law. The Rajya Sabha has also had its share of disqualifications under the anti-defection law.
A disqualification petition against the then Congress President Sonia Gandhi for holding an office of profit of Chairperson of the National Advisory Council became infructuous as she quit as a member of the Lok Sabha. To avoid possible political upheaval, the Parliament (Prevention of Disqualification) Act, 1959, was amended in 2006 retrospectively w.e.f. April 4, 1959, and similar petitions became infructuous.
A judgment of the apex Court referred to as the Lily Thomas case made it clear that any conviction that carries a sentence of two years or more will automatically result in the disqualification of an elected representative. The Lok Sabha Secretariat only has to notify the vacancy by issuing a notification so that the Election Commission can start the process for a by-poll. As a result of the judgment, several lawmakers, including Rasheed Masood of the Congress, Lalu Prasad of the RJD, and Jagdish Sharma of the JD(U), were disqualified from Parliament following their conviction in various corruption cases.
