Opposition leader Rahul Gandhi faces the risk of being disqualified as a lawmaker after being convicted in a defamation case.
The Representation of the People Act, 1951, mandates disqualification of any lawmaker who is "convicted of any offence and sentenced to imprisonment for not less than two years.”
WHAT DOES THE LAW SAY?
Gandhi, 52, was on Thursday found guilty of defamation by a magistrate's court in Gujarat for an election speech he made in 2019.
The disqualification comes into effect from the date of conviction.
A formal disqualification order will, however, have to be passed by the secretariat of the lower house of parliament of which Gandhi is a member.
Gandhi faces the risk of not being able to contest national elections due in 2024 if his conviction is not suspended or overturned by a higher court before the elections.
CAN GANDHI CONTEST ELECTIONS?
The law also mandates that a convicted lawmaker cannot contest elections for six years after the end of their jail sentence.
Gandhi represents the Wayanad constituency in the southern state of Kerala.
To avoid disqualification, a convicted lawmaker has to secure an order from a higher court suspending the conviction, lawyers said.
HOW CAN GANDHI AVOID DISQUALIFICATION?
The Representation of the People Act does not give any timeframe for securing such a suspension or acquittal before parliament passes the formal disqualification order.
The disqualification can also be overturned and the lawmaker reinstated to parliament if the conviction is stayed or overturned and a fresh election to the seat is yet to be conducted.
Gandhi was present in the Gujarat court which gave him bail immediately and suspended the sentence for a month, allowing him to appeal against it.
He can secure bail extensions during the appeal period but cannot contest elections until the conviction is stayed or he is acquitted in the case.
Gandhi, a senior leader of the Congress party and the scion of the Nehru-Gandhi political dynasty, will appeal in a higher court, his party said.