Can Rahul Gandhi Re-Enter Parliament This Session? Here's The Procedure

The Supreme Court's big relief to Rahul Gandhi has paved the way for his re-entry in Parliament. The big questions now are how long the Lok Sabha secretariat takes to restore his membership and whether he will be able to participate in the debate on the no-confidence motion against the government, which is scheduled to begin on Tuesday. 

On the legal front, the Congress leader has challenged the March order of a Surat trial court in the 2019 criminal defamation case, which had led to his disqualification. The Sessions Court in Surat will hear his appeal against the ruling - which had convicted him and sentenced him to two years in prison - on August 21. 

As per the procedure for restoration of membership, Mr Gandhi will need to make a submission to the Lok Sabha secretariat stating that his conviction has been stayed and his status as the Member of Parliament from Wayanad should be restored. He will also have to submit a copy of the Supreme Court's order to the secretariat, which will go through it and then issue a communique. 

A recent precedent, however, points to the process taking time in some cases. Nationalist Congress Party (NCP) MP Mohammad Faisal's membership had been restored in March, more than two months after the Kerala High Court had stayed his conviction and sentencing in an attempt-to-murder case.

The secretariat had notified the restoration of the Lakshadweep MP's membership on March 29, hours before the Supreme Court was scheduled to hear his petition on the delay 

The Congress has wasted no time in getting the ball rolling. Less than an hour after the Supreme Court order, Congress leader Adhir Ranjan Chowdhury met Lok Sabha Speaker Om Birla and urged him to restore Mr Gandhi's membership.  "The Supreme Court relief to Rahul Gandhi is a victory of truth. We hope truth shall prevail," Mr Chowdhury said

The Supreme Court today stayed the conviction of Mr Gandhi in the criminal defamation case over the "Modi Surname" remark, but maintained that his remarks were not in good taste, especially for a person in public life. 

The bench observed that the trial judge had awarded the maximum sentence of two years in the case and noted that Mr Gandhi would not have been disqualified if the period of sentence was even a day shorter.