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Can Asaduddin Owaisi be disqualified from Lok Sabha over a slogan? BJP cites Constitution

Jun 25, 2024 10:03 PM IST

BJP IT cell head Amit Malviya cited Article 102 of the Constitution, suggesting Owaisi could be disqualified for showing allegiance to a foreign State.

After AIMIM chief Asaduddin Owaisi hailed a conflict-hit West Asian region in the lower house, a BJP functionary on Tuesday claimed that the Hyderabad MP can be disqualified as a member of Lok Sabha for “demonstrating adherence to a foreign State”.

All India Majlis-e-Ittehadul Muslimeen (AIMIM) MP Asaduddin Owaisi takes oath as a Member of the 18th Lok Sabha during its second day, at the Parliament, in New Delhi on Tuesday. (ANI Photo/SansadTV)
All India Majlis-e-Ittehadul Muslimeen (AIMIM) MP Asaduddin Owaisi takes oath as a Member of the 18th Lok Sabha during its second day, at the Parliament, in New Delhi on Tuesday. (ANI Photo/SansadTV)

Apart from hailing his state Telangana and BR Ambedkar, Owaisi, who has been elected from the Hyderabad seat for his fifth term, raised ‘Jai Palestine’ slogan after taking oath in Urdu, triggering an uproar from the treasury benches.

Owaisi, however, defended his act 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".

“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,” Owaisi said.

Asked why he mentioned Palestine, he said, "They are oppressed people."

Read: Drama in Lok Sabha as Pappu Yadav raises 'ReNEET' slogan: ‘You'll teach me?’

Parliamentary Affairs Minister Kiren Rijiju said he has received complaints from some members about the mention of Palestine, adding that 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," Rijiju said.

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BJP IT cell head Amit Malviya posted a snippet of Article 102 of the Constitution that lays down the grounds for the disqualification as a member of Parliament and 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.”

Here's what Article 102 says on disqualification:

A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament –

(a) 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;

(b) if he is of unsound mind and stands so declared by a competent court;

(c) if he is an undischarged insolvent;

(d) 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;

(e) if he is so disqualified by or under any law made by Parliament.

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