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Death of Democracy legally NO, democratically YES!

There are times when we do something and regret it immediately. There are also times when we regret we did something long back. Some of our steps backfire on us and some of our actions literally mock us. Today is such a day for Mr. Rahul Gandhi. A reluctant politician who was given the job of carrying forward the legacy of his family, of leading the Congress party and the nation. The man who has immense courage to take up all the trolling and criticism. Pappu as people popularly call him. Yet again, stand in the parliament and give a speech, just to be criticized and trolled right after it ends. The man is no longer a  parliamentarian.

Rahul Gandhi's conviction which followed his disqualification came as a big shock for most of us. For sure, it is the most exciting news for any common Indian news viewer. The mere thought that one of the biggest politicians, the so-called PM face of the Congress party was convicted in a petty defamation case by a district court is startling. Well, no one can actually question the conviction by the court but the actual cacophony is around his disqualification from the Lok Sabha. Well for sure, we see the entire opposition united and questioning Rahul Gandhi's disqualification. The Congress Party has taken a feisty stand on the issue and termed the event as the 'Black Day for Indian Democracy'. Various Twitter handles of the congress party and its leaders have shown their support for Mr.Gandhi by changing their profile photo to a picture saying "Daro maat Rahul Gandhi". The all-around support from all the parties in opposition and the lightning speed with which Mr.Gandhi was debarred from parliament makes us skeptical. Is it legally valid is the elephant in the room?

Politicians are people one tries to approach to get away with court cases or arrests. These things have changed in recent times with CBI and ED teams raiding opposition leaders in a row. Well, we do not know if it is a misuse of power by the ruling BJP or actually the normal routine investigation by the constitutional offices. What we have some faith in is the legal system of India. Mr.Gandhi's open public remark on the entire Modi community certainly, in my limited understanding, calls for a defamation charge. He has been convicted and sentenced to two years imprisonment along with a fine. Can he be disqualified or does he gets 30 or 90 days' time to apply in a higher court? In very simple words, a convict MP or MLA does get a chance to appeal in the higher court but he can be disqualified from his seat immediately once convicted for two years or more. This comes after 2013, Lily Thomas vs Union of India verdict in which the Supreme court held that section 8(4) of the Representation of People Act 1951 is unconstitutional. 

So what now? Rahul Gandhi definitely has been granted 30 days' time by the Surat session court to file an appeal in Gujrat High Court but currently, his disqualification is legally valid. He now can stay an MP only if there is a stay on conviction by the High court. A mere suspension of a two-year sentence is not enough. The road ahead seems difficult for Rahul Gandhi and the Congress party, but more so for India at large. Fortunately, unfortunately; Rahul Gandhi is the only face of national opposition in our country. A country of 140 million ruled by one single party and no national opposition is a warning sign for a healthy democracy. There can be questions on whether Rahul Gandhi qualifies as good opposition, but sadly India today has only him as opposition nationally. His disqualification, however legal, is not good for Indian democracy. 




          


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