The 2013 ordinance Rahul Gandhi tore comes back to haunt him after a decade

New Delhi: When Rahul Gandhi tore his own government’s ordinance in a press conference in 2013, little did he know that it will haunt him exactly after a decade.

In other words, had Gandhi not torn the ordinance, he would not have lost his Lok Sabha membership today.

Back then, the Congress-led United Progressive Alliance government was attempting to circumvent the Supreme Court ruling to set aside a provision of the Representation of the People Act through an ordinance.

The apex court had struck down section 8(4) of the RP Act that gave a convicted lawmaker the power to remain in office on the grounds that appeals have been filed within three months of the conviction.

According to a provision of the RP Act, a person sentenced to imprisonment of two years or more shall be disqualified "from the date of such conviction" and remain disqualified for another six years after serving time.

Section 8 of the RP Act provides for offences in which a lawmaker would entail disqualification upon conviction.

The provision divides the offences into several categories that attract disqualification upon conviction.

In the first category are offences that entail disqualification for a period of six years upon any conviction.

If the punishment is fine, the six-year period will run from the date of conviction, but if there is a prison sentence, the disqualification will begin on the date of conviction and will continue up to the completion of six years after the date of release from jail.

Offences like making speeches that cause enmity between groups, bribery and impersonation during elections and other electoral offences, and offences relating to rape and cruelty to women by husbands and latter's relatives are included in it.

Offences under the Protection of Civil Rights Act, Customs Act, Unlawful Activities (Prevention) Act etc is among the category of offences that entail disqualification regardless of the quantum of punishment.

Laws for the prevention of Sati, corruption, terrorism and an insult to the national flag and national anthem etc are also part of this group.

All other criminal provisions form a separate category under which mere conviction will not entail disqualification and a sentence of at least two years in prison is needed to incur such disqualification.