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DHARMASHASTRA NATIONAL LAW UNIVERSITY,

JABALPUR

(Session 2022-2023)

Topic

UNIFYING THE FRAGMENTED OPPOSITION: ANALYSING THE

IMPLICATIONS OF RAHUL GANDHI'S DISQUALIFICATION AS
MEMBER OF PARLIAMENT

Submitted To: Submitted By:

Ms. Divyanshi Gupta Sanskrati Jain

[Teaching Associate Section B

Of Political Science] BALLB/116/20

Semester- VI

ACKNOWLEDGEMENT
The completion of this project required counselling and assistance from many people and I am really
thankful towards them for their counselling in my project.

I would like to express my deep gratitude towards my teacher Teaching Associate Ms. Divyanshi
Gupta, who took acute interest in my project and guided me all along. I am feeling extremely
privileged to have her as my instructor in the project. I owe my deep gratitude to the vice-chancellor
Prof. V. Nagraj for his valuable support throughout the project. This project helped me in gathering a
lot of knowledge and becoming more aware of things related to my topic.

I would like to extend my gratefulness to my parents and friends for their valuable support and
advice.

I am making this project not only to get marks but also to enhance my knowledge. At the end I
would like thank everyone who helped me and invested their valuable time for this project.
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Sanskrati Jain
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INTRODUCTION

The Indian political landscape is marked by a fragmented opposition, which has struggled to present
a united front against the ruling Bhartiya Janata Party (BJP). In this context, the disqualification of
Rahul Gandhi, a prominent opposition leader and Member of Parliament, has raised questions about
the implications for the opposition's ability to come together and challenge the BJP's hegemony.

This topic of unifying the fragmented opposition and analysing the implications of Rahul Gandhi's
disqualification as MP is significant in understanding the current state of Indian politics. The
disqualification of Rahul Gandhi has highlighted the challenges faced by the opposition in presenting
a united front, and has sparked discussions about the future of opposition politics in India. This issue
has been seen by many political pundits as a boosting factor to the unification of Indian opposition
and leading to stronger opposition and more vibrant democracy.

Recently the Lok Sabha MP Shashi Tharoor welcomed the recent "wave of Opposition unity."
However, he asserted that the Congress will "de facto" be the fulcrum around which other parties
converge but he would love to see one of the smaller outfits to play the role of convenor of an
alliance to take on the BJP in the 2024 general election. In an interview with PTI, Tharoor claimed
that many parties have started to realize the reality of the proverb "together we stand, divided we
fall," as a result of Rahul Gandhi's expulsion from the Lok Sabha following his conviction in a
defamation case.1

The Congress led protest the same were joined by other opposition groups including the CPI,
CPI(M), Janata Dal Secular, Aam Aadmi Party, BRS, RPI(S), Peasant Workers Party (PWP), Jai
Jawan Jai Kisan, NCP, and Democratic Front. The Rastriya Swayamsevak Sangh (RSS) and the BJP
administration were harshly attacked by the speakers from various parties for stifling the voice of the
opposing parties. The unified opposition displayed party flags, banners, and placards while yelling
anti-government chants to show support for Gandhi and Congress. Even the TMC, which had
decided to avoid joining agitations against the NDA government led by the Congress, has shown
indications of warming up. In addition to tweeting its regret over Rahul Gandhi's expulsion, it also
started sending party officials to protests and political events put on by the Congress.2

This paper will explore the reasons behind Rahul Gandhi's disqualification, the reactions of various
political parties and stakeholders, and the potential implications for the opposition's ability to present
1
https://www.newindianexpress.com/nation/2023/apr/02/rahul-gandhis-disqualification-has-created-a-surprising-wave-
of-opposition-unityshashi-tharoor-2561960.html
2
https://www.india.com/news/india/rahul-gandhis-disqualification-as-mp-congress-plans-jan-andolan-across-country-
seeks-systematic-opposition-unity-defamation-case-latest-news-5962673/
 Page |5

a united front against the BJP. By analysing the various factors at play, this essay aims to provide a
comprehensive understanding of the current state of opposition politics in India and the challenges
that lie ahead. It seeks to analyse the implications of Rahul Gandhi's disqualification for the
opposition's prospects of unifying and building a viable alternative to the current government.
Ultimately, the goal is to provide a comprehensive and nuanced understanding of the implications of
Rahul Gandhi's disqualification and its potential impact on the future of Indian politics.

RESEARCH OBJECTIVES

 To assess the potential for unifying the fragmented opposition in the wake of Rahul Gandhi's
disqualification and its implications for Indian politics.
 To identify potential strategies for opposition parties to unite and strengthen their position in
Indian politics.
 To assess the implications of a unified opposition for the current ruling party and the future of
Indian democracy.

RESEARCH QUESTIONS

 How can the fragmented opposition parties in India be unified in the aftermath of Rahul
Gandhi's disqualification as MP?
 How might a unified opposition in India impact the current ruling party and the future of
Indian democracy, and what are the potential risks and benefits of this outcome?

RESEARCH METHODOLOGY
Doctrinal research also known as, theory-testing or knowledge building research has been done to
shape the project. The research was done mainly by e-resources. A lot of research has already been
conducted on the same topic. There is no field work required here. For my research work the data has
been collected from various databases, and newspaper articles from The Hindu, The Indian Express
was taken. With the help of internet various books’ summary and their excerpts were read. Various
materials that are available on e-sources have been critically analysed and the similar ideas have
been put forward in the project. The primary as well as secondary documentary sources are utilized
to make the study up-to-date, orderly, and scientific. Various reports, books, articles, journals,
judicial decision, website, international, constitutional norms, and national measures will be taken as
important research tools. Besides these methods, some other methods will also be applied according
to the need of the study.
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LITERATURE REVIEW

Fragmentation and Consolidation of Opposition Parties in India: A Study of State Assembly

Elections, 2016-2019" by K.C. Suri and Praveen Rai This paper analyses the patterns of
fragmentation and consolidation among opposition parties in Indian state assembly elections between
2016 and 2019, and explores the implications for the overall political landscape.

Unification of Opposition Parties in India: An Analysis of the Prospects and Challenges" by

Sangeeta Singh and Sunita Reddy this paper examines the prospects and challenges of unification
of opposition parties in India, and analyses the factors that have historically hindered such efforts.

The Role of Leadership in Opposition Unity in India" by Sanjay Kumar and Suhas Palshikar this
paper explores the role of leadership in opposition unity in India, and argues that effective leadership
can be a key factor in overcoming the challenges of unification.

HISTORICAL OVERVIEW OF FRAGMENTATION OF INDIAN

OPPOSITION

The history of the fragmentation of the Indian opposition dates to the pre-Independence era, when
the Indian National Congress was the main political force fighting against British rule. However,
even during this time, there were differences and disagreements within the Congress on various
issues, such as the role of religion in politics, economic policies, and the approach towards the
British.

After Independence, the Congress became the dominant party in India, but over time, the party itself
began to splinter due to internal divisions and disagreements over issues such as economic policies,
social justice, and leadership. This led to the emergence of several regional parties, which began to
gain ground in their respective states and erode the Congress's hold on power.

It was in the 1960s that regional parties began to emerge as a challenge to the Congress party's
dominance. In the southern state of Tamil Nadu, the Dravida Munnetra Kazhagam (DMK) emerged
as a powerful regional force. Similarly, in West Bengal, the Communist Party of India (Marxist)
(CPI(M)) emerged as a strong regional player. These regional parties were formed based on
linguistic and cultural identities, and they gained significant support from the local population 3.

The rise of regional parties led to the fragmentation of the opposition, as different parties began to
pursue their own agendas and priorities. This was particularly evident in the 1970s, when the

3
"The Fragmentation of the Indian National Congress, 1969-77: A Political Analysis" by Zoya Hasan
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Congress party faced its first serious challenge to its dominance. The opposition was led by the
Janata Party, a coalition of several political parties, including the Bharatiya Jana Sangh, the
Samyukta Socialist Party, and the Congress (O). However, the Janata Party was short-lived, and it
soon disintegrated due to internal differences.4

In the 1980s, the rise of the Bhartiya Janata Party (BJP) as a major force in Indian politics further
complicated the opposition landscape. The BJP was formed as a result of the merger of several right-
wing parties, including the Bhartiya Jana Sangh. The BJP's rise was fuelled by the growing Hindu
nationalism, which resonated with a significant section of the Indian population. However, the BJP's
rise also led to the fragmentation of the opposition, as different parties began to align themselves
with the Congress party or the BJP.

Since the 1990s, Indian politics has become increasingly fragmented, with the emergence of several
small and regional parties once again, which have been able to win seats in the national and state
assemblies. The proliferation of these parties has made it difficult for any single party to form a
stable government at the center or in the states, leading to the rise of coalition politics in India. The
most significant of these parties was the Telugu Desam Party (TDP), which was formed in the
southern state of Andhra Pradesh. The TDP was led by N. T. Rama Rao, a popular film actor, and it
gained significant support from the local population. The rise of regional parties led to the formation
of several coalitions, such as the United Front and the National Democratic Alliance (NDA). 5

The fragmentation of the opposition was particularly evident in the 2000s, as the Congress party
faced a serious challenge to its dominance. Apart from that 2010s saw the emergence of the Aam
Aadmi Party (AAP) as a significant player in Indian politics. The AAP was formed in the aftermath
of the anti-corruption movement led by Anna Hazare, and it gained significant support from the
urban middle class. However, the AAP's rise also led to the fragmentation of the opposition, as
different parties began to align themselves with the AAP or the Congress party.6

The fragmentation of the Indian opposition has had both positive and negative consequences. On the
one hand, it has led to greater representation of diverse voices and interests, especially those of
marginalized communities. On the other hand, it has also led to a lack of cohesion and unity among
opposition parties, making it difficult for them to mount an effective challenge to the ruling party at
the center or in the states. But overwhelming the fragmentation of the opposition has been a major

4
"The Politics of Fragmentation: Coalition Politics in India" by Pradeep Chhibber
5
"From Congress System to Coalition Politics: The Evolution of India's Political Party System" by Paul Wallace
6
"The Evolution of Coalition Politics in India: From Fragmentation to Convergence" by Rekha Saxena.
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challenge to Indian democracy. It has led to unstable governments, as coalition partners often have
conflicting agendas and priorities. It has also led to the dominance of the two main national parties,
the Congress party, and the BJP, at the expense of regional parties.7

THE DISQUALIFICATION OF RAHUL GANDHI AS A MP AND POLITICAL SCENARIO

THEREAFTER

Rahul Gandhi, the chief face of the single largest opposition party in India that is Congress, was
expelled from the parliament on March 24 after being found guilty in a defamation case from 2019
by Surat court the day before. The judge granted bail to Rahul, and his jail term was postponed for
30 days so he could file an appeal with a higher court. Gandhi was given a two-year jail term on
March 23 by a Surat court in a defamation case for his remarks about "Modi surname thieves" made
in April 2019 during a Lok Sabha election rally in the state of Karnataka.

After being convicted, Gandhi will be prohibited from contesting for the office for eight years. The
Congress party said that it will contest Gandhi's disqualification in court and on the political front.
According to the Bhartiya Janata Party (BJP), which is currently in power Gandhi insulted a
community at the time of the elections. Rahul Gandhi was found guilty for referring to robbers as
having the last name Modi in a speech he gave in 2019. The punishment was immediately stayed and
bail was promptly granted by the court. Purnesh Modi, a BJP legislator from Surat West, brought the
lawsuit against Gandhi.

Rahul Gandhi was declared ineligible to serve in the Lok Sabha, according to a notification issued by
the parliament on March 24, which read as “Rahul Gandhi, Member of the Lok Sabha representing
the Wayanad Parliamentary Constituency of Kerala, stands disqualified from the membership of the
Lok Sabha as of the date of his conviction, or March 23, 2023, in accordance with the provisions of
Article 102 (1) (e) of the Constitution of India read with Section 8 of the Representation of the
People Act, 1951, as a result of his conviction by the Court of Chief Judicial Magistrate, Surat in
C.C./18712/2019.”

In essence, a member of either house may be disqualified by any law passed by the parliament,
according to Article 102(1)(e). According to Section 8(3) of the Representation of the People Act,
anybody convicted of any crime and given a sentence of at least two years in prison—aside from the
crimes listed in Sections 8(1) and 8(2), where different circumstances apply—shall be disqualified.
According to the Act, the disqualification term would start on the date of the conviction and last for
six years after his release. Rahul Gandhi's disqualification would therefore last for a total of eight
7
"Fragmentation of Opposition Parties and its Impact on Indian Politics" by Ritu Sharma
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years in this case—two years of jail plus six upon release—unless the conviction is overturned by an
appellate court. Additionally, he will not be allowed to run for office during this time.

According to a 2018 ruling by a three-judge bench of the Supreme Court (Lok Prahari v. Election
Commission of India)8, written by Justice DY Chandrachud: "The disqualification that operates as a
consequence of the conviction cannot take effect or continue to exist once the conviction has been
stayed during the pendency of an appeal." This indicates that, strictly speaking, the disqualification
will end to the extent that Rahul Gandhi's conviction is stayed by an appellate court. But things are
more complicated.

"In practice, what is happening is that the legislator concerned still does not get back their seat in the
House if the stay of the conviction comes after the (disqualification) notification issued by the
Speaker, following a judgment of conviction," wrote advocate Paras Nath Singh in an article for The
Leaflet. Singh used the example of Lakshadweep MP Mohammed Faizal to demonstrate his
argument. Two days after his conviction and punishment, on January 13, the Lok Sabha speaker
declared him ineligible. The EC announced in a press release that by-elections in Faizal's district will
take place on January 18. Faizal's conviction was postponed by the Kerala High Court on January 25;
however, the EC had already declared his seat vacant at that point.9

“It is not clear whether the stay of his conviction by the high court post the decision of the Speaker
has resulted in the restoration of status quo ante for him, as he ceased to be a member of the House
following a disqualification notification issued by the speaker. As per the Lok Sabha website, Faizal
is not seen as an MP.”

POSSIBILITY OF UNIFICATION OF INDIAN OPPOSITION AFTER RAHUL’S

DISQUALIFICATION AS A MP

But apart from this debate, this disqualification has surprisingly led to uncommon solidarity of all
opposition parties. Even parties that openly oppose Congress, like as the TMC and AAP, gathered in
support of Congress and took part in the protests. The disqualification of Rahul Gandhi was
condemned by opposition leaders across the country as a flagrant attack on democracy. The leaders
allege it is part of the government's ongoing repression of the opposition. Several Trinamool
Congress, Aam Aadmi Party, Samajwadi Party, and Bharat Rashtra Samithi leaders, among others,
decried the disqualification, calling it a "murder of democracy and a political plot.”10

8
Lok Prahari v. Election Commission of India, (2018) 18 SCC 114
9
https://theleaflet.in/why-has-rahul-gandhi-ceased-to-be-an-mp-after-his-conviction-an-explainer/
10
https://www.reuters.com/world/india/after-gandhis-conviction-signs-indias-opposition-uniting-against-modi-2023-03-
30/
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As soon as the former Congress President was barred from serving in the Lok Sabha, some party
officials blasted the Modi-led BJP, calling the action "anti-democratic." While speaking to the
media, Congress leader Abhishek Manu Singhvi described the decision as "strangulating
democracy." "This type of conspiracy was started to silence Rahul Gandhi the day he raised
questions against Adani, PM." "It's a clear example of the BJP government's anti-democratic,
dictatorial attitude," said Congress MP KC Venugopal. The Congress called the action a "black day
for Indian democracy" and said it was motivated by "political vendetta."11

The Congress is also apparently attempting to capitalize on Rahul Gandhi's disqualification by

avoiding any acts that may undermine the party's unity. When senior Congress leader Manish Tewari
proposed a no-confidence vote against Lok Sabha Speaker Om Birla, the Congress opted to confer
with other parties first and is not in a hurry to act. Another sign of rising opposition unity is the
recent action by 14 parties in petitioning the Supreme Court against the alleged "misuse" of central
government agencies against opposition leaders.12

Salman Khurshid, a senior Congress leader, said the opposition's unity in the face of action against
Rahul Gandhi provides fertile ground on which to "build an edifice," and that his disqualification
from Lok Sabha was a price worth paying if it means the beginning of more sustained cooperation
among anti-BJP parties. Khurshid also expressed confidence that Rahul Gandhi will return to
Parliament "very soon" after completing the legal process.13

Other opposition leaders interviewed by Reuters said their unity will be greatly dependent on
Congress' willingness to accept regional political parties and take a back seat in places where it no
longer enjoyed public support. The earlier a unified opposition was successful was in the 1977
general election, when the then-ruling Congress was defeated by a coalition of parties from across
the political spectrum, wherein the opposition unity was incited due to oppression and suppression of
democracy and freedom of speech and expression during the era of emergency.

Hence, we can expect such a unification and infer the same from the rhetoric’s used by the political
leaders recently are of similar nature that were used after emergency for that Kaliyuga of Indian
democracy. And nonetheless, the alliance of significant parties in the southern state of Telangana,
including Trinamool, Samajwadi, AAP, and the Bharat Rashtra Samithi, extending their support to

11
https://timesofindia.indiatimes.com/india/opposition-parties-rally-around-rahul-gandhi-bjp-calls-his-disqualification-
lawful/articleshow/98976674.cms
12
https://www.livemint.com/news/india/how-rahul-gandhi-s-disqualification-is-forging-opposition-unity-
11680088911997.html
13
https://economictimes.indiatimes.com/news/politics-and-nation/price-worth-paying-salman-khurshid-on-rahuls-
disqualification-resulting-in-oppn-unity/articleshow/99067044.cms?from=mdr
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Congress is a political breakthrough, since these parties have long fought Congress on a variety of
grounds and a good sign for the future aspects of opposition unification.

The Congress Party intends to form a "systematic opposition unity" to oppose the Modi
administration. Following a meeting, Congress President declared that there was an agreement that
we should now take the work of establishing opposition unity in a methodical manner. It is now
coordinating in Parliament, and coordination must now take place outside of Parliament. The
Congress will begin a countrywide agitation, with various state units and frontal organizations
launching various programs around the country.14

So, can the unified Opposition or the Congress in the Lok Sabha have the guts to do what a
substantial portion of the Opposition did in July 1989 - resign en masse from Parliament in protest of
then-Prime Minister Rajiv Gandhi's reluctance to quit over the Bofors scandal: In 1989, 106
legislators from 12 parties resigned from the 538-seat Lok Sabha (another instance of united
opposition in India).15

SUGGESTIONS AND CONCLUSION

The unification of Indian opposition has been a long-standing aspiration of many political leaders
and citizens alike. The need for a strong and unified opposition has become even more pressing in
recent years, as India faces a range of economic, social, and political challenges. While unification
has been elusive in the past, recent efforts have shown promise, with opposition parties coming
together to contest elections and push for policy changes.16 The disqualification of Rahul Gandhi has
the potential to serve as a booster dose to the constant efforts made for the unification politics. We
have seen earlier this kind of instances wherein one single attack on any opposition leader has led to
unification of opposition and overthrowing of the ruling party.

However, the road ahead is still uncertain, and there are many obstacles that will need to be
overcome if the opposition is to truly unite and present a credible alternative to the ruling party.
These include differences in ideology, personal agendas, and regional divisions, among others.
Moreover, the lack of opposition leader who can bear the flag of fight with the ruling will also
impact the conversion of the fillip provided by recent disqualification of Rahul Gandhi into a united

14
https://www.india.com/news/india/rahul-gandhis-disqualification-as-mp-congress-plans-jan-andolan-across-country-
seeks-systematic-opposition-unity-defamation-case-latest-news-5962673/
15
https://www.livemint.com/news/india/how-rahul-gandhi-s-disqualification-is-forging-opposition-unity-
11680088911997.html
16
https://indianexpress.com/article/opinion/columns/why-must-non-bjp-parties-unite-its-about-more-than-their-
existence-7487789/
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opposition that can strengthens the country's democratic foundation by keeping a check on ruling
party.

Here, Congress must play the leader’s role to make this dream of united opposition to come true and
all the opposition parties must leave behind other differences amongst them for the same cause. The
opposition must have leader under whom they can fight against the ruling party. After this conviction
can Rahul Gandhi lead the opposition and play a uniting role there would also be impacting factor.
Moreover, the acceptance of Rahul Gandhi as the face of opposition by the opposition itself would
also be important. Till now Rahul Gandhi has been launched and relaunched quite several times but
he has failed to gather the opposition and people’s confidence in him as an opposition leader. But
this time chances of him becoming the leader of opposition are high as the wave of sympathy after
the impugned conviction is in his favour, further legitimizing probability of opposition unification.

Nonetheless, the fact that opposition parties are now actively seeking to work together and
coordinate their efforts is a positive development, and one that bodes well for the future of Indian
democracy. The quest for opposition unity is not only important for the opposition parties themselves
but for the country. Whether or not this goal can be achieved remains to be seen, but the stakes are
high, and the outcome will have far-reaching implications for India's political future.