Rahul Gandhi holds first press meet after disqualification; Options ahead for Congress leader

The year 2023 so far has been beyond eventful for Rahul Gandhi. His mass outreach programme Bharat Jodo Yatra has vividly garnered strong support, despite criticism from some quarters.

Moving on, his pointed questions in his speech in the Lok Sabha on PM Modi's association with Adani created political uproar and temperamental counters during the debates. His remarks in London questioning the state of Indian democracy under PM Modi's leadership echoed in Delhi, disrupting the parliament session ever since.

Last week, Delhi Police landed up at Gandhi's residence to seek further details about the rape victims that he claimed to have met durign his Bharat Jodo Yatra. It led to several polarised debates across social media platforms.

The latest is country-wide protests by Congress across the nation after a Surat court sentenced him to two years' imprisonment in a defamation case over his alleged Modi surname remark made in 2019 elections.

While many drew parallel to the freedom struggle days when famous hanging of Bhagat Singh took place on March 23, the development remained half as the quick and immediate disqualification of Gandhi from the Lok Sabha drew the curtain.

However, a day after his disqualification as MP, the Congress leader refused to step back. "I had asked only one question on Adani and I will continue to ask questions and fight for democracy in India," he said during his first press conference, held at Congress headquarters in Delhi on Friday.

"My speech made in Parliament was expunged and later I wrote a detailed reply to the Lok Sabha Speaker. Some ministries lied about me, that I sought help from foreign powers. But there is no such thing I have done. I will not stop asking questions, I will keep questioning the relationship between PM Modi and Adani."

'PM Modi scared, drama to defend him'

Continuing his political battle with the government and PM Modi, Rahul Gandhi further said, "This entire spectacle was staged to shied Prime Minister Narendra Modi from the straightforward inquiry of whose Rs 20,000 crore had gone to Gautam Adani's shell companies."

He further said he was not scared of these jail terms, threats, warnings and exclusions. "I only speak the truth, it is my work and I will keep doing it even if I get disqualified or get arrested. This country has given me everything and that is why I do this."

No apology

Responding to strong clamour from BJP leaders asking Gandhi to apologise over his remarks made in London, he said, "My name is not Savarkar, it is Gandhi and Gandhi never offers apology." He adds, "Even if they disqualify me permanently, I will keep doing my work. It does not matter if I am inside Parliament or not." He also said that opposition will benefit the most from government's panic reaction.

Continuing with his challenging stance, he said, "The Prime Minister is scared of my next speech on Adani, and I have seen it in his eyes. That is why, first the distraction and then the disqualification." He, nevertheless, clarified on BJP's allegations, "I never targeted any particular caste."

What are the options before Rahul Gandhi?

Most importantly, can he contest parliament elections in 2024? Currently, according to the Surat's court ruling given on March 23rd, Rahul Gandhi has been given 30 days' time to file an appeal. He was sentenced to two years' imprisonment but granted bail on a bond of Rs 10,000.

What the law says?

Representation of the People Act, 1951, makes it mandatory for any lawmaker to be disqualified with immediate effect, who is, "convicted of any offence and sentenced to imprisonment for not less than two years." Those convicted for more than two years will have to vacate the seat immediately.

It's a given that 2024 is politically a critical one for Rahul Gandhi. If his conviction is not overturned or suspended by a higher court before the elections, Gandhi will not be able to contest the parliamentrary poll. As per the law, the lawmaker is also debarred from contesting and remains disqualified for another six years after serving his sentence.

Mere suspension enough? 

The high court has to suspend or stay the conviction, mere suspension of the sentence is not enough. For Rahul Gandhi to stay on as MP, the conviction of Surat Court has to be stayed.
However, some legal experts differ on the matter and opine that he can also be saved if he manages to have the sentence reduced to less than two years.

That would make the disqualification null and void. Currently, legally speaking, the Wayanad seat from Kerala is vacant. Since it's a criminal case, Rahul Gandhi can now challenge the decision of Surat Court in a higher court starting sessions court.