Supreme Court of India · 2013-07-10
LILY THOMAS vs UNION OF INDIA .
- Citation / case number
- SC 2005/18924
- Court
- Supreme Court of India
- Petitioner
- LILY THOMAS
- Respondent
- UNION OF INDIA .
- Author
- SUDHANSU JYOTI MUKHOPADHAYA A.K. PATNAIK
- 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 Article 102(1) and Article 191(1) of the Constitution which outline disqualifications for membership in Parliament and State Legislatures. The Court emphasized that disqualifications must be clearly defined and cannot be arbitrarily imposed. Consequently, the Court ruled in favor of the petitioners, invalidating the contested provision.