Two complaints were filed against All India Majlis-e-Ittehadul Muslimeen (AIMIM) leader and Member of Parliament representing Hyderabad, Asaduddin Owaisi, for sloganeering “Jai Palestine” while being sworn in as a member of the 18th Lok Sabha on 25 June 2024.
Owaisi has been elected to the Lok Sabha for the fifth time and expressed his commitment to addressing the concerns of India’s marginalized communities sincerely. Despite facing chants of “Jai Shri Ram” from BJP MPs during his oath-taking, Owaisi took his oath in Urdu and concluded with “Jai Bhim, Jai Meem, Jai Telangana, Jai Palestine.”
"Jai Bhim, Jai Meem, Jai Telangana, Jai Palestine..": @asadowaisi after taking oath as Lok Sabha MP#Owaisi #AsaduddinOwaisi #Parliament (@Akshita_N) pic.twitter.com/qbUxyPH7aG
— IndiaToday (@IndiaToday) June 25, 2024
In this context, the Hyderabad MP’s oath and loyalty are being seen in conflict with constitutional principles outlined in Articles 102 and 103 of the Indian Constitution. Hari Shankar Jain, a revered Supreme Court counsel, has officially lodged a complaint with the President of India regarding this matter. Sharing this information via the official X account, Vishnu, son of Hari Shankar Jain, stated, “A complaint has been filed before the President of India against Mr. Asaduddin Owaisi in terms of article 102 and 103 of the constitution of India by Mr. Hari Shankar Jain seeking his disqualification as member of parliament. @rashtrapatibhvn @adv_hsjain“
A complaint has been filed before the President of India against Mr. Asaduddin Owaisi in terms of article 102 and 103 of the constitution of india by Mr. Hari Shankar Jain seeking his disqualification as member of parliament. @rashtrapatibhvn @adv_hsjain
— Vishnu Shankar Jain (@Vishnu_Jain1) June 25, 2024
Another social activist and advocate practising in the Supreme Court Adv. Vineet Jindal filed a Complaint under Article 103 of the Constitution of India with the President of India seeking disqualification of Asaduddin Owaisi, MP under Article 102 (4) for showing his allegiance or adherence to a foreign State “Palestine”.
Adv. Vineet Jindal sharing this on his official X account stated, “Advocate Vineet Jindal filed a complaint under Article 103 of the Constitution of India before the President of India seeking disqualification of MP Asaduddin Owaisi under Article 102 (4) for showing his allegiance or commitment to a foreign state “Palestine”. The one who refuses to say Bharat Mata Ki Jai, while taking oath to uphold the constitution and integrity of the country in the country’s parliament, says “Jai Palestine”. This shows that this OVC is loyal to some other country and not India. @asadowaisi Lok Sabha membership should be cancelled: – Vineet Jindal, Advocate and Social Activist #Philistine.“
अधिवक्ता विनीत जिंदल ने भारत के राष्ट्रपति के समक्ष भारत के संविधान के अनुच्छेद 103 के तहत एक शिकायत दर्ज की, जिसमें एक विदेशी राज्य "फिलिस्तीन" के प्रति अपनी निष्ठा या प्रतिबद्धता दिखाने के लिए अनुच्छेद 102 (4) के तहत सांसद असदुद्दीन ओवैसी को अयोग्य घोषित करने की मांग की गई है।… pic.twitter.com/CHSrNqs2Hh
— Adv.Vineet Jindal (@vineetJindal19) June 26, 2024
What Does The Constitution Say?
Article 102 of the Constitution deals specifically with the disqualification of members of Parliament. Article 102(1)(d) states that a person shall be disqualified from becoming or remaining a member of either House of Parliament if they acknowledge allegiance or adherence to a foreign State. Article 103 of the Constitution outlines that if there is any question regarding whether a member of Parliament has incurred any disqualification mentioned in Article 102(1), such a question shall be referred to the President for decision. The President’s decision in such matters is final, and before making a decision, the President is required to seek the opinion of the Election Commission and act accordingly based on that opinion.
Previously, in the 2019 session, Owaisi had concluded his oath by saying “Jai Bhim, Allah-o-Akbar, and Jai Hind.” Owaisi secured victory against BJP candidate Madhavi Latha by a margin of 3.3 lakh votes in the Hyderabad constituency during the 2024 Lok Sabha elections.
Addressing the controversy surrounding his chant, Owaisi emphasized that there exists no constitutional prohibition against his declaration of “Jai Palestine.”
Union Minister G Kishan Reddy criticized Owaisi’s “Jai Palestine” slogan as being “completely inappropriate” and contradicting the Constitution. Responding to Owaisi’s declaration, Parliamentary Affairs Minister Kiren Rijiju remarked, “We do not endorse or denounce any country, but it is inappropriate to mention any country within the House.”
During the Israel-Gaza conflict last year, Owaisi emphasized that the Palestinian issue transcends religious boundaries to become a matter of global humanity. He also characterized Israel’s Prime Minister, Benjamin Netanyahu, as “the devil.” Israel’s conflict with the Palestinian group Hamas continued into its eighth month in June, resulting in nearly 40,000 casualties and displacing hundreds of thousands.
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