The court has sentenced Rahul Gandhi to two years in a defamation case. He has been sentenced to this punishment in the case of commenting on ‘Modi surname’. Although later the court granted him bail and Punishment has been banned for days. During this period, Rahul Gandhi can appeal to the higher court.

Will Rahul Gandhi’s membership go?

After the sentencing of Rahul Gandhi, the question floating in everyone’s mind is whether Rahul Gandhi will no longer be a Member of Parliament? Since the court has sentenced him for two years and if he does not get relief from the higher court, will his membership of the Parliament be cancelled? The answer is no, because according to the order of the Supreme Court, if any MP or MLA is punished for more than two years in a criminal case, then their membership is at risk.

Act to prevent criminalization of politics

It may be noted that in order to prevent the criminalization of politics, the Supreme Court has issued an order, under which the Representation of the People Act, 1951 Debars politicians convicted by the court from contesting elections. However, this act does not bar those leaders who are only under trial from contesting elections.

Subscription is canceled on conviction of more than two years

Section 8 (1) and ( 2) There is a provision under that if any MP or MLA is involved in crimes like murder, rape, creating enmity on the basis of religion, language or region, terrorist activity or insulting the constitution, then his membership of Parliament and Legislative Assembly will be cancelled. . Also, section 8(3) of the same Act provides that membership of an MLA or MP can be canceled after being convicted for offenses other than these offenses and sentenced to more than two years and imprisonment for six years. Till then he may be banned from contesting elections. This act gives the members up to three months to retain their seats, within this period they have to appeal to the higher court, otherwise their membership can be canceled after the sentence.

Rahul Gandhirahul gandhi news in hindiPublished Date

Thu, Mar 23, 2023, 12: 36 PM IST