Violation of Indian Constitution: Advocate Files Complaint Against MP Asaduddin Owaisi for Alleged Adherence to Foreign State
(Judicial Quest News Network)
A complaint invoking Article 103 of the Indian Constitution has been filed by a practicing Advocate in the Supreme Court of India against Mr. Asaduddin Owaisi, Member of Parliament (MP) from Hyderabad and President of the All India Majlis-e-Ittehadul Muslimeen (AIMIM), alleging a violation of Article 102(1)(d) during his oath-taking ceremony on 25th June 2024.
Mr. Owaisi, while taking his oath as a Member of Parliament, reportedly chanted “Jai Palestine” from the parliamentary podium, prompting the legal challenge. The complaint contends that this act demonstrates adherence to a foreign state, which is proscribed under Article 102(1)(d) of the Constitution of India. The relevant article states that a person shall be disqualified from Parliament if they are under any acknowledgment of allegiance or adherence to a foreign state.
The complaint further argues that Mr. Owaisi’s public statements and actions, including his preference for chanting “Jai Palestine” over national slogans like “Jai Bharat” or “Bharat Mata ki Jai,” indicate a repeated acknowledgment and commitment to Palestine rather than India. Such conduct, it asserts, is in direct contravention of the oath taken by Mr. Owaisi as a Member of Parliament and violates the constitutional provisions intended to safeguard the sovereignty and integrity of India’s parliamentary system.
“In accordance with Article 103 of the Indian Constitution, the complaint urges the Hon’ble President of India to declare Mr. Asaduddin Owaisi disqualified from his position as a Member of Parliament for violating Article 102(1)(d),” stated the advocate in the complaint. The petitioner emphasized the importance of upholding constitutional principles and maintaining the sanctity of India’s electoral process.
The complaint comes amidst heightened scrutiny of public officials’ statements and actions concerning foreign countries, underscoring the constitutional responsibilities and obligations that accompany parliamentary office in India.
Statement from the Petitioner:
“As a custodian of constitutional values, it is imperative to address instances where elected representatives exhibit allegiance or adherence to foreign entities, which undermines the principles enshrined in the Constitution of India. The complaint seeks necessary action to uphold the integrity of parliamentary democracy.”
The complaint has been submitted for consideration by the Hon’ble President of India, aiming to ensure adherence to constitutional norms and the rule of law in the interest of justice and national sovereignty.
This development is likely to trigger further legal and constitutional debate regarding the boundaries of parliamentary conduct and the implications of public statements on national and international relations.
