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july 2013

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.

LILY THOMAS vs UNION OF INDIA . · Niyam