Indian Opposition Leader Rahul Gandhi Sentenced to Jail and Expelled From Parliament

Member Parliaments congregate outside the Lok Sabha to protest against Rahul Gandhi’s sentencing and expulsion from Parliament. Photo: Stinger/Reuters

A district court in Gujarat sentenced Rahul Gandhi, the face of the Indian National Congress, India’s most prominent opposition party, to a two-year jail sentence under defamation charges on Thursday, March 23. The district court has given Mr. Gandhi a 30-day period to appeal the judgment and granted him interim bail. Based on this conviction, Mr. Gandhi was disqualified from the Lok Sabha as a member of parliament, where the ruling party BJP has a majority.

The verdict against Mr. Gandhi came after a BJP MLA filed a case against him for his remarks in an election rally in 2019 where Mr. Gandhi asked, “Why do all thieves have Modi as their surname?” referring to PM Modi and two other businessmen with the last name Modi who had been accused of embezzlement. Mr. Gandhi was insinuating that PM Modi shielded large corrupt business houses, an unsubstantiated charge he has frequently leveled against the BJP. However, the Surat district court held that Mr. Gandhi’s words insulted the entire Modi community at large and booked him under sections 499 and 500 for defamation after he refused to apologize for his actions in court. 

A day after the court pronounced its sentence, the parliamentary board issued a notice to Mr. Gandhi on his disqualification based on section 8(3) of the Indian Penal Court, which holds that members of parliament with a jail sentence of two or more years are barred from holding a seat till six years after their release. According to this, if Mr. Gandhi’s appeal is not overturned, he will be disqualified from parliament till 2031.

The Congress party and other opposition party leaders have strongly hit out against the ruling party claiming that the government was misusing investigative agencies and courts to target the opposition. Just last month, the central bureau of investigation arrested another eminent opposition leader Manish Sisodia for alleged irregularities in excise policy. The BJP, on the other hand, claimed that Mr. Gandhi’s comment on Modi was a “casteist” slur meant to vilify other backward castes— a historically suppressed segment of Indian society.

Most political analysts agree that the situation can be best described as an “own goal.” Unlike other leaders targeted in the past, Mr. Gandhi’s arrest has brought opposition parties to rally around the Congress and put up a rare show of unity. Some speculate that this may be the first steps towards building a united opposition against the BJP for the 2024 parliamentary elections. Others contend that this may generate sympathy towards Mr. Gandhi and leave the government looking insecure, especially since Mr. Gandhi’s expulsion coincides with his return from Bharat Jodo Yatra— a six-month political march across India that was touted to be a moderate success. 

Rahul Gandhi walks across Haryana in the final leg of his Bharat Jodo Yatra mobilizing large crowds. Photo: Anushree Fadnavis/Reuters

However, despite Mr. Gandhi’s yatra and several setbacks for the government in 2023, PM Modi is by far the most popular political leader in India today. According to the Morning Consult survey in February, Mr. Modi had a 78% approval rating. His party also won all three states that went up for election last month, making the increasing attacks on the opposition puzzling from a political standpoint.

Mr. Gandhi’s sentence also comes at a precarious time for India’s domestic politics, with continous crackdowns and human rights violations in Punjab and Kashmir, including draconian communications shutdown, high numbers of arrests, and blocked Twitter accounts of journalists. India is also currently presiding over the G20, with foreign media increasing its scrutiny of India’s domestic politics. The arrest of Mr. Gandhi may also impact bilateral relations with the United States and Germany, already voicing their concern about his trial.

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