LILY THOMAS versus UNION OF INDIA & ORS.

Sub-section (4) of Section 8 of the Representation of the People Act, 1951, which defers the effect of disqualification for sitting members of Parliament or State Legislature, is ultra vires the Constitution as Parliament lacks the power to make a saving provision that delays the effect of disqualification under Articles 102(1)(e) and 191(1)(e).

Parties: Petitioner: Lily Thomas; Respondent: Union of India & Ors.; Petitioner: Satya Narain Shukla
Jurisdiction: India
Judgment Date: 10 July 2013
Procedural Posture: Writ Petition (civil) / Final Judgment on Constitutional Vires
Outcome: Allowed
Legal Topics: Disqualification of Legislators, Ultra Vires, Legislative Powers, Article 102(1)(e), Article 191(1)(e)

Constitutional Law Election Law Disqualification of Legislators Ultra Vires Legislative Powers Article 102(1)(e) Article 191(1)(e)

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Full judgment text Legal principles 4 Authorities cited 14 Party arguments 2

Parties

Lily Thomas

Petitioner

Union of India & Ors.

Respondent

Satya Narain Shukla

Petitioner

Procedural Posture

Writ Petition (civil) / Final Judgment on Constitutional Vires

Legal Issues

1 Whether sub-section (4) of Section 8 of the Representation of the People Act, 1951, is ultra vires the Constitution
2 Whether Parliament can defer the effect of disqualification for sitting members under Articles 102(1)(e) and 191(1)(e)

Ratio Decidendi

Court Disposition

Allowed

Orders

Sub-section (4) of Section 8 of the Representation of the People Act, 1951 is declared ultra vires the Constitution.
Sitting members already convicted and who have filed appeals/revisions pending are not affected by this declaration.