Rahul Gandhi was disqualified as a member of Parliament from Wayanad constituency in Kerala on the 24th of March, a day after a Surat court convicted him on criminal defamation charges. Mr. Gandhi was sentenced to a maximum two-year jail term. The decision sent shockwaves through the country’s polity. 

A two-year jail term in a criminal case means that a legislator is automatically disqualified on conviction. It would appear that the only relief available to a disqualified legislator is if a superior court not only suspends the sentence but stays the conviction. 

So, what of the Surat court judgement? Can someone be convicted merely if he called all persons with the Modi surname thieves? Doesn’t defamation have to be specific to the aggrieved person? Did the Lok Sabha Secretary-General act in haste by issuing disqualification orders to Rahul Gandhi the very next day? 

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