'Jai Palestine': Can AIMIM's Asaduddin Owaisi be disqualified for raising the slogan? Here’s what the Constitution says

AIMIM leader Asaduddin Owaisi praised conflict-ridden West Asian nation Palestine after being sworn in as a member of the 18th Lok Sabha, causing an uproar from the treasury benches. This action, now expunged from the Lok Sabha records, has led several Bharatiya Janata Party (BJP) leaders to suggest that Owaisi could face disqualification from Parliament for "demonstrating adherence to a foreign State." However, Owaisi has defended his slogans, asserting there was nothing wrong in his statements: "Jai Bheem, Jai Meem, Jai Telangana, Jai Palestine."

After taking the oath in Urdu, Owaisi concluded with 'Jai Palestine', in addition to hailing Telangana and BR Ambedkar. This sparked immediate controversy. BJP IT cell head Amit Malviya posted on X a snippet of Article 102 of the Constitution and a video clip of Owaisi’s slogan. “As per extant rules, Asaduddin Owaisi can be disqualified from his Lok Sabha membership for demonstrating adherence to a foreign State, that is Palestine," Malviya stated.

Owaisi defended his action, stating, “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 say. I said what I had to. Read what Mahatma Gandhi had said about Palestine." When questioned on why he mentioned Palestine, Owaisi responded, "They are oppressed people."

What Article 102 of the Constitution says about disqualification:

Article 102 outlines the grounds for disqualification as a member of Parliament:

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

➤ He holds any office of profit under the Government of India or any State, except an office declared by Parliament by law not to disqualify its holder.
➤ He is of unsound mind and so declared by a competent court.
➤ He is an undischarged insolvent.
➤ He is not a citizen of India, has voluntarily acquired the citizenship of a foreign State, or acknowledges allegiance or adherence to a foreign State.
➤ He is disqualified by any law made by Parliament.
➤ A person shall be disqualified under the Tenth Schedule, known as the Anti-Defection Act, which disqualifies MPs for defection to another political party.