In a post on social media, BJP leader Amit Malviya said AIMIM leader Asaduddin Owaisi can be disqualified from the Lok Sabha for "demonstrating adherence to a foreign State"
AIMIM leader Asaduddin Owaisi’s ‘Jai Palestine’ slogan while ending his oath as MP in the Lok Sabha on Tuesday has triggered the BJP’s ire to an extent that many of its leaders are saying the Hyderabad MP can be disqualified from Parliament.
Owaisi hailed the conflict-hit West Asian country after taking oath as a member of the 18th Lok Sabha, triggering an uproar from the treasury benches that led to the Chair ordering that the remarks be expunged. He, however, justified his slogans after he came out of the House and told reporters there was nothing wrong in him saying ‘Jai Bheem, Jai Meem, Jai Telangana, Jai Palestine’.
Now, BJP leader Amit Malviya has said the MP can be disqualified from the Lok Sabha for “demonstrating adherence to a foreign State”. In a post on X, he said: “As per extant rules, Asaduddin Owaisi can be disqualified from his Lok Sabha membership, for demonstrating adherence to a foreign State, that is Palestine. Please note: @LokSabhaSectt.”
Malviya attached a short clip of Owaisi’s oath-taking video, and Article 102 of the Constitution that gives details on the disqualification for membership. Tagging the Lok Sabha Secretariat, in his post he highlighted the part saying “if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State”.
As per extant rules, Asaduddin Owaisi can be disqualified from his Lok Sabha membership, for demonstrating adherence to a foreign State, that is Palestine.Please note: @LokSabhaSecttpic.twitter.com/wh7bYbep8p— Amit Malviya (@amitmalviya) June 25, 2024
Here’s what Article 102 of the Constitution states about “disqualifications for membership”:
A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament —
- if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder;
- if he is of unsound mind and stands so declared by a competent court;
- if he is an undischarged insolvent;
- if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State;
- if he is so disqualified by or under any law made by Parliament.
Explanation —
For the purposes of this clause a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State by reason only that he is a Minister either for the Union or for such State.
A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.
What did Owaisi say about his slogan?
With regard to Article 102 of the Constitution, senior advocate Hari Shankar Jain has also filed a complaint against Owaisi before President Droupadi Murmu, seeking his disqualification from the membership of the Lok Sabha.
A complaint has been filed before the President of India against Mr. Asaduddin Owaisi in terms of article 102 and 103 of the constitution of india by Mr. Hari Shankar Jain seeking his disqualification as member of parliament. @rashtrapatibhvn@adv_hsjain— Vishnu Shankar Jain (@Vishnu_Jain1) June 25, 2024
Asked why he mentioned Palestine, Owaisi said: “They are oppressed people,” adding, “other members are also saying different things… How is it wrong? Tell me the provision of the Constitution… You should also listen to what others said. I said what I had to. Read what Mahatma Gandhi had said about Palestine.”
He took oath in Urdu and recited a prayer before doing so. After taking oath, he hailed his state Telangana, Bhimrao Ambedkar, apart from raising the AIMIM’s slogan for Muslim, along with Palestine.
Malviya also objected to the prayer said by Owaisi. “Palestine apart, is invoking religious idioms kosher, while taking oath in secular India? Is Owaisi guilty of infusing religion and communalising a solemn occasion?” he asked in another post on X.
Earlier, parliamentary affairs minister Kiren Rijiju said he received a number of complaints about the mention of Palestine. Talking to reporters outside Parliament later, Rijiju said he will check the rules regarding remarks.
“We do not have any enmity with Palestine or any other country. The only issue is, while taking the oath, is it proper for any member to raise the slogan praising another country? We will have to check the rules. Some members have come to me and complained about raising of Palestine slogan at the end of oath,” he said.
Union minister G Kishan Reddy, meanwhile, took a jibe at Owaisi, questioning if he could say “Bharat Mata Ki Jai”. He said Owaisi’s remarks are “totally wrong and against the rules of Parliament”. “Living in India, he cannot say ‘Bharat Mata Ki Jai’, but he can hail Palestine. Such people are doing anti-Constitutional work in the name of Constitution, that should be understood,” he added.
(With PTI inputs)
