A recent incident involving AIMIM leader Asaduddin Owaisi’s declaration of ‘Jai Palestine’ during his oath as an MP in the Lok Sabha has sparked controversy within the BJP. Some members of the party have suggested that Owaisi could potentially face disqualification from Parliament due to his actions. The Chair even ordered for his remarks to be expunged following an uproar from the treasury benches. Despite this, Owaisi defended his slogans, stating that there was nothing wrong with expressing support for causes such as ‘Jai Bheem, Jai Meem, Jai Telangana, Jai Palestine’. BJP leader Amit Malviya has gone as far as to claim that Owaisi’s actions could lead to disqualification from the Lok Sabha for showing allegiance to a foreign state. Malviya cited Article 102 of the Constitution in a post, emphasizing the rules regarding disqualification for membership. He also shared a video clip of Owaisi’s oath-taking and highlighted the specific clause related to allegiance to a foreign state.
Article 102 of the Constitution states about “disqualifications for membership”:
An individual will be ineligible to be selected as, and to serve as, a member of either House of Parliament —.
- In the event that he occupies any position that yields financial gain under the Government of India or any State Government, except for an office that has been exempted by Parliament from disqualifying its holder;
- if he is deemed mentally unfit and has been officially declared as such by a competent court;
- if he is an insolvent who has not been discharged;
- if he is not a citizen of India, or has willingly obtained citizenship of a foreign country, or has pledged allegiance or loyalty to a foreign country;
- if he is disqualified as per any law enacted by Parliament.
An individual will be ineligible to serve as a member of either House of Parliament if they are disqualified according to the Tenth Schedule.
WHAT DID OWAISI SAY ABOUT HIS SLOGAN?
Senior advocate Hari Shankar Jain has also lodged a complaint against Owaisi with President Droupadi Murmu, seeking his disqualification from the Lok Sabha in accordance with Article 102 of the Constitution.
Owaisi justified his mention of Palestine by stating that they are oppressed people and that other members have also made various statements. He questioned the wrongfulness of his actions and urged others to consider the provisions of the Constitution. He also referred to Mahatma Gandhi’s views on Palestine.
After taking his oath in Urdu and reciting a prayer, Owaisi praised Telangana, Bhimrao Ambedkar, and raised the AIMIM’s slogan for Muslims, as well as mentioning Palestine.
Malviya raised objections to Owaisi’s prayer, questioning the appropriateness of invoking religious references during a secular oath-taking ceremony in India. He also raised concerns about the communalization of the occasion.
Parliamentary affairs minister Kiren Rijiju mentioned receiving complaints about the Palestine reference and stated that he would review the rules regarding such remarks.
Union minister G Kishan Reddy criticized Owaisi, questioning his ability to say “Bharat Mata Ki Jai” while praising Palestine. Reddy described Owaisi’s remarks as against parliamentary rules and suggested that such actions are anti-Constitutional.