Disqualification Of Member Of Parliament:
Why in News?
Recently Rahul Gandhi was disqualified as an Member Of Parliament on 24 March 2023 as he was sentenced to Prison in a Defamation Case of 2019.
What is Defamation?
Defamation is the act of communicating false statements about a person that injure the reputation of that person when observed through the eyes of an Ordinary man.
Any false and unpriviledged statement published or spoken deliberately intentionally with the intention to damage someone's reputation in defamation.
What is the Scenario in India ?
Defamation Law in India:
Article 19 Of The Indian Constitution grants Freedom Of Speech & Expression to its Citizens.
However Article 19(2) has imposed certain reasonable restrictions to this freedom such as -Contempt Of Court, defamation & incitement to an offence.
In India Defamation are of two types-
Civil Defamation- Punishable through the award of damages to be awarded to the Claimant.
Criminal Defamation- Which carries a Prison sentence upto 2 years.
The Cases that were lodged under Indian Penal Code 499 & 500 of 1860 which are of Defamation.
Section 499 of IPC:
Whoever by words either spoken or
intended to be read or
by signs or
by visible representations makes or publishes any imputation concerning any person intending to harm, or
Knowing or having reason to believe that such imputation will harm , the reputation of such person
Section 500 Of IPC:
Section 500 Of The Indian Penal Code punishes defamation with simple imprisonment which may extend to 2 years or fine or both.
Provisions For Disqualification Member Of Parliament :-
Section 8(1) Of The Representation Of People's Act (RPA) Of 1951 :
This Section includes offence such as -
Section 153A: Offence of promoting enmity between different groups on ground of religion, race, palce of birth, residence, language etc, and doing acts prejudicial to maintenance of harmony. or
Section 171E : Offence of bribery or
Section 171F : Offence of undue influence or personating at an Election.
Section 8(3) Of The RPA :
Mandates that an MP can be disqualified if convicted and sentenced to at least 2 years of jail.
However, The Section also states that the disqualification takes effect only "after 3 months have elapsed" from the date of conviction.
Within that period, the convicted MP can file an appeal against the sentence before the High Court.
Conclusion:
Intentional acts of defamation are also punished with jail which prohibits defaming a person with Malice intention.
