Following his oath of office in Hyderabad, MP Asaduddin Owaisi chanted slogans including 'Victory to Bhim', 'Victory to MIM', 'Victory to Telangana', and then 'Victory to Palestine'. This proclamation has ignited political controversy. While the chairman has erased it from the record, numerous senior lawyers are pushing for the revocation of Owaisi's membership, citing Article 102 (4) of the Constitution. Explore what implications this advocacy for another nation holds and whether the disqualification is plausible.
The second day of the inaugural session of the 18th Lok Sabha witnessed this commotion. Following his chant in favor of Palestine, Owaisi pledged to continue raising issues for marginalized communities. Despite this, the statement has sparked political strife. The opposition, especially the BJP, has demanded an apology from Owaisi. Advocate Vineet Jindal claimed in a social media post that he has called for Owaisi's disqualification under Article 102 (4) for showing allegiance to Palestine. Supreme Court Advocate Harishankar Jain has made a similar request to President Droupadi Murmu.
Is Mentioning a Foreign Country During Oath Taking Incorrect?
Traditionally, MPs reference their state and country during membership oaths. This instance marks the first time a leader has sloganized for another country at this junct when Parliamentary Affairs Minister Kiran Rijiju has also voiced his opinion. According to a Mint report, Rijiju comments that India harbors no ill will toward Palestine or any other nation. The concern merely lies in whether a member, during the swearing-in, should invoke another country. This necessitates a review of the rules.
Source: aajtak
The ongoing debate recurrently references Article 102. The opposition cites this statute to argue that advocating for another country while assuming Lok Sabha membership is improper, potentially warranting termination of membership.
What Does This Section Say?
- Any person's Lok Sabha or Rajya Sabha membership can be revoked if they assume any profitable position under the Government of India or any state government, aside from the office specified in Parliament. - Mental incapacity verified by court also grounds for disqualification. - Those heavily indebted or financially insolvent, as acknowledged by the court. - Non-citizens or those with temporary foreign nationality. Article 102 states that expressing allegiance to another country can also lead to loss of membership. Owaisi finds himself ensnared on this point. As a national leader, he mentioned Palestine during his oath—a country currently facing severe aggression from Israel.
Membership Can Be Revoked for Several Other Reasons
- If a member is elected to both Houses of Parliament, they must resign from one within a stipulated timeframe. Failure to do so results in forfeiture of membership. - Members absent for 60 consecutive days without notice could have their seat vacated. - Article 102(1)(a) prohibits MPs and Article 191(1)(a) state assembly members from holding offices that offer salary, allowances, or government benefits.
Source: aajtak
Membership at Risk for Party Defection
Article 102 also stipulates membership loss upon party defection. However, exceptions exist. Members forfeit their membership if they leave the party they were elected for. Conversely, if two-thirds of legislators agree, a party may merge with another. MPs who disobey party commands or absent themselves during critical voting without notice can face actions, including membership revocation. Under the Representation of the People Act, MPs receiving a sentence of two or more years also risk losing membership. However, a high court or supreme court stay can stave off disqualification.
Mahua's membership was terminated under this rule
Both Houses of Parliament have an ethics committee that monitors the conduct of its members. On the committee's recommendation, for grave violations of parliamentary dignity or public life decorum, membership may be revoked. Mahua Moitra's membership was annulled following such a committee recommendation.
