Senior counsel Hari Shankar Jain has filed a suit against AIMIM MP Asaduddin Owaisi, demanding his disqualification as an MP, amid the controversy over the “Jai Palestine” slogan he hoisted in the Lok Sabha after taking the oath.
On June 25, attorney Vishnu Shankar Jain, son of Hari Shankar Jain, informed X that Owaisi was the target of a complaint filed under articles 102 and 103 of the constitution.
“Mr Hari Shankar Jain has filed a complaint against Mr. Asaduddin Owaisi in terms of articles 102 and 103 of the Indian Constitution, seeking his disqualification as a member of Parliament,” Jain stated.
Articles 102 and 103 of the Indian Constitution state that Owaisi’s comments have caused controversy since an Indian MP has been raising slogans in the Indian parliament honouring a foreign country. This has sparked concerns about possible sanctions, such as expulsion from the legislature.
Notably, the Indian Constitution’s Article 102 lays out guidelines for a member of parliament to be removed from office.
Clause 1: The disqualifications for membership in either house of Parliament are covered in this article. It specifies that an individual will not be eligible to be elected to either House of Parliament or to serve as a member if:
He occupies any profit-making position with the Indian or state governments, excluding positions for which the Parliament has passed legislation exempting their holders from disqualification.
A competent court has decided that he is mentally unfit.
(c) He remains insolvent and undischarged.
(d) He has not deliberately obtained the citizenship of a foreign state, is not an Indian citizen, and has not acknowledged any loyalty to or commitment to a foreign state.
(e) Any legislation passed by Parliament disqualifies him in this manner.
Clause 2: If an individual is excluded from the Tenth Schedule, he or she will not be eligible to serve in either House of Parliament.
Notably, the 52nd Amendment Act of 1985 added the Tenth Schedule of the Constitution, popularly known as the “Anti-Defection Law.” Its main goal is to stop lawmakers from defecting from politics, which has the potential to threaten political stability in administrations. It includes provisions about defection-related disqualification, exemptions, and the Speaker’s and Chairman of the House’s authority in this area.
Article 102(4) allows Asaduddin Owaisi’s pro-Palestine statements to be regarded as evidence of his loyalty or allegiance to a foreign state named “Palestine.”
“A person shall not be deemed to occupy an office of profit under the Government of India or the Government of any State for the sole reason that he serves as a Minister for the Union or for such State, for this clause. “Anyone who is so disqualified under the Tenth Schedule shall not be eligible to serve as a member of either House of Parliament,” the constitution declares.
Article 103 of the Constitution lays out the guidelines for decisions on matters relating to an MP’s disqualification. What this article’s clauses 1 and 2 say is as follows:
Clause 1: According to this article, the President of India will make the final decision if there is any doubt as to whether a member of either House of Parliament has been subjected to any of the disqualifications listed in Article 102.
Clause 2: The President shall consult the Election Commission of India before making any decisions on this matter and shall act on its advice.
