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july 2013

Supreme Court of India · 2013-07-10

Lily Thomas vs Union Of India & Ors

Citation / case number
AIR 2013 SUPREME COURT 2662
Court
Supreme Court of India
Petitioner
Lily Thomas
Respondent
Union Of India & Ors
Bench
Sudhansu Jyoti Mukhopadhaya, A. K. Patnaik

Judgment text excerpt

The Supreme Court declared sub-section (4) of Section 8 of the Representation of the People Act, 1951 as unconstitutional, holding it violates Articles 102(1) and 191(1) of the Constitution regarding disqualifications for membership in Parliament and State Legislatures. The Court emphasized that the disqualifications must align with constitutional provisions and cannot be arbitrarily expanded by legislative enactments. Consequently, the Court struck down the impugned provision, reinforcing the supremacy of the Constitution over legislative provisions.

Lily Thomas vs Union Of India & Ors · Niyam