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.