Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Representation of the People Act disqualification |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Representation of the People Act, 1951 - s.8(4) - Viresc of - Challenge to - Legislative power of the Parliament to enacts.8(4) - Held: The Parliament exceeded its powers conferredby the Constitution in enacting sub-section (4) of s.8 andaccordingly sub-section (4) of s.8 is ultra vires the Constitution- Sub-section (4) of s.8 which carves out a saving in the case0 of sitting members of Parliament or State Legislature from thedisqualifications under sub-sections (1 ), (2) and (3) of s. 8 orwhich defers the date on which the disqualification will takeeffect in the case of a sitting member of Parliament or a StateLegislature is beyond the powers conferred on Parliament byE the Constitution - Sitting members of Parliament and StateLegislature who have already been convicted for any of theoffences mentioned in sub-section (1), (2) and (3) of s.8 andwho have filed appeals or revisions which are pending andare accordingly saved from the disqualifications by virtue ofF sub-section (4) of s.8 not to be affected by the declaration nowmade in this judgment - However, if any sitting member ofParliament or a State Legislature is convicted of any of theoffences mentioned in sub-sections (1), (2) and (3) of s.8 andby virtue of such conviction and/or sentence suffers thedisqualifications mentioned in sub-sections (1), (2) and (3) of s. 8 after the pronouncement of this judgment, his membershipof Parliament or the State Legislature, as the case may be,will not be saved by sub-section (4) of s.8 which is nowdeclared as ultra vires the Constitution notwithstanding that |
Judge | Hon'ble Mr. Justice A.K. Patnaik |
Neutral Citation | 2013 INSC 456 |
Petitioner | Lily Thomas |
Respondent | Union Of India & Ors. |
SCR | [2013] 10 S.C.R. 1130 |
Judgement Date | 2013-07-10 |
Case Number | 490 |
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