Name of the Case : Lily Thomas vs. Union of India
Year of Judgement : 2013
Popular Name : -
Related Topic/ Issue : Criminalization of politics
Related Article/ Schedule : 102 & 191
Supreme Court Judgement:
- The Supreme Court ruled that members of Parliament and State legislatures convicted for offenses would immediately lose their membership.
- Section 8(4) of the Representation of the People Act, 1951, which allowed convicted members to retain their seats for three months to appeal and obtain a stay on their conviction, was declared unconstitutional.
- The court held that Parliament lacked the authority under Articles 102 and 191 to create separate laws for disqualification before and after election, making Section 8(4) invalid.
Impact of Judgement:
- The judgement resulted in the immediate disqualification of several convicted members of Parliament and State Legislatures.
- To counteract the ruling, the Representation of the People (Second Amendment and Validation) Bill, 2013 was introduced in Parliament but later withdrawn by the Government.
