Case Summary: Lily Thomas v. Union of India (2013)
Citation: (2013) 07 SC CK 0128 | AIR 2013 SC 2662 | (2013) 7 SCC 653
Case No: Writ Petition (Civil) No. 490 of 2005
Date of Decision: 10 July 2013
Bench: Hon’ble Justices A.K. Patnaik and S.J. Mukhopadhaya
Final Decision: Section 8(4) of the Representation of the People Act, 1951 declared unconstitutional. Immediate disqualification upon conviction.
[Judgment Source] https://www.courtkutchehry.com/Judgement/Search/AdvancedV2?docid=289642
Law Points Raised
1. Whether Section 8(4) of the Representation of the People Act, 1951 is constitutionally valid.
2. Whether convicted MPs/MLAs should be disqualified immediately or allowed to continue if they file an appeal.
3. Interpretation of Articles 101(3)(a), 102(1)(e) and 103 of the Constitution.
Ratio Decidendi
The Court held that Parliament cannot defer the disqualification of a sitting legislator by allowing them to continue in office after conviction. Article 102(1)(e) of the Constitution read with Section 8(1), 8(2), and 8(3) mandates disqualification from the date of conviction. Section 8(4) was therefore ultra vires the Constitution.
Final Ruling
The Supreme Court struck down Section 8(4) of the Representation of the People Act, 1951 as unconstitutional. Henceforth, any MP, MLA or MLC convicted of a crime and sentenced to a minimum of 2 years’ imprisonment shall stand immediately disqualified from office.
Key Paragraph References
- Para 14–18: Discuss the background of disqualification laws and interpretation of Articles 102 and 191.
- Para 22–26: Examine the impact of Section 8(4) and its inconsistency with the Constitution.
- Para 29–31: Final holding that Section 8(4) is unconstitutional.