Will 'Jai Palestine' Slogan Cost Asaduddin Owaisi His Lok Sabha Membership? Here's What Constitutional Provisions Say

AIMIM Chief and Hyderabad MP Asaduddin Owaisi has found himself in a self-made controversy after he hailed war-torn Palestine while taking the oath as a Lok Sabha MP on Tuesday.

Owaisi's move drew sharp reactions from the BJP, with saffron party leaders stating that the Hyderabad MP could be disqualified as a member of Lok Sabha for “demonstrating adherence to a foreign State.”

Asaduddin Owaisi, who defeated BJP's Madhavi Latha Kompella in a high-octane contest from Hyderabad in the recently concluded general election, took the oath as Lok Sabha MP for the fifth consecutive term on Tuesday.

The Hyderabad MP took his oath in Urdu. After taking the oath, Owaisi continued by hailing the architect of the Constitution, BR Ambedkar, his state Telangana, and raised the slogan of 'Jai Palestine,' triggering an uproar from the treasury benches.

After objections from BJP MPs, Owaisi defended his act, telling the media outside the House that there was nothing wrong with 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.

Owaisi's oath video has been widely circulated on social media. Some users criticised him for hailing Palestine, while others praised him for his courage. Some users also pointed out that BJP MPs provoked Owaisi by raising 'Jai Shree Ram' slogans as he walked towards the dais to take the oath.

Here is what Article 102 states about disqualification:

A person shall be disqualified from being chosen as, and from being, a member of either House of Parliament if:

(a) they hold any office of profit under the Government of India or any State government, except for an office exempted by law from causing disqualification;

(b) they are declared by a competent court to be of unsound mind;

(c) they are an undischarged insolvent;

(d) they are not a citizen of India, have voluntarily acquired citizenship of a foreign State, or acknowledge allegiance or adherence to a foreign State;

(e) they are disqualified under any law made by Parliament.

Experts believe the matter will be referred to the Lok Sabha's Ethics Committee. Disciplinary action against Owaisi can be taken after an investigation by the Committee members.

The expulsion of Owaisi seems unlikely, as there are no precedents of a legislator facing such stringent disciplinary action.

In 2018, National Conference MLA Mohd Akbar Lone raised the slogan "Pakistan zindabad" (long live Pakistan) in the Jammu and Kashmir assembly. Despite the controversial incident, he did not lose his membership. However, in September 2023, the Supreme Court of India filed an affidavit reiterating his oath as a Lok Sabha MP, emphasizing that he will preserve and uphold the Constitution and protect the country’s territorial integrity.

Published on: Wednesday, June 26, 2024, 09:21 AM IST