What options are available with Rahul Gandhi now after his conviction?

Rahul Gandhi was convicted and handed a two-year jail sentence for his "Modi" surname remarks in a 2019 rally in Karnataka

Rahul Gandhi was held guilty by a Surat court on Thursday and handed a two-year jail term in a 2019 defamation case. The sentence came from his remarks about the "Modi" surname. Later, however, he was given bail. The magistrate HH Verma suspended the sentence for 30 days, allowing Gandhi to appeal against the verdict in a higher court. 

Why was Rahul Gandhi convicted?

Gandhi was convicted in a 2019 case filed for his remarks on the "Modi" surname. In a rally in Karnataka ahead of the 2019 Lok Sabha elections, Gandhi said, "Nirav Modi, Lalit Modi, Narendra Modi...how come they all have Modi as a common surname? How come all thieves have Modi as the common surname?"

Later, BJP member of the legislative assembly (MLA) Purnesh Modi filed a criminal defamation case against Gandhi. The cases were filed under sections 499, 500 and 504 of the Indian Penal Code (IPC). Section 500 prescribes for defamation a simple imprisonment for a "term which may extend to two years, or with fine, or with both."

On Thursday, chief judicial magistrate HH Verma convicted Gandhi.

What is the immediate impact of the sentence?

According to former union minister Kapil Sibal, Gandhi stands automatically disqualified as a member of Parliament (MP) with the sentence. Gandhi is an MP from the Wayanad constituency in Kerala. 

"If it (the court) only suspends the sentence that's not enough. There has to be a suspension or stay of conviction. He (Rahul Gandhi) can stay on as a member of parliament only if there is a stay on the conviction," Sibal told NDTV.

In the Lily Thomas vs Union of India case in 2013, the Supreme Court ruled that "any MP, MLA or MLC who is convicted of a crime and given a minimum of 2 years' jail loses membership of the House with immediate effect".

The only way Gandhi regains his membership is if a higher court reduces the quantum of the sentence.

Does Rahul Gandhi have any other defamation cases against him?

Gandhi has two other defamation cases filed against him.

In 2018, Randeep Surjewala made allegations against Amit Shah of a post-demonetisation scam. Gandhi shared this in a tweet with the hashtag #ShahZyadaKhaGaya. Both have pleaded not guilty.

In May 2019, BLP councillor Krushnakant Brahmbhatt filed a criminal defamation case against Gandhi for calling Amit Shah a "murder accused" at a rally.

What options does Rahul Gandhi have now?

First, Gandhi must file an appeal against the conviction within 30 days. If a higher court overturns the ruling, Gandhi may be reinstated as an MP. If not, he will continue to be disqualified.

Gandhi can also approach the Supreme Court under Article 136 of the Constitution. Under the article, the Supreme Court has appellate jurisdiction over all courts and tribunals in India. The SC can change the sentence.

However, SC interference is unlikely in cases where an appeal lies before the courts, and a provision is there for suspension of sentence.

Gandhi's team has already said they plan to challenge the Surat court's verdict.