Supreme Court strikes down S.8(4) of Representation of People Act; Says sitting MPs/MLAs to be disqualified from date of conviction

Lily Thomas vs Union of India : Supreme Court verdict on criminalisation of politics.
Supreme Court
Supreme Court

A Bench of Justices AK Patnaik and SJ Mukhopadhaya struck down the constitutional vires of S. 8(4) of the Representation of People Act, 1951 which provides sitting MPs and MLAs an additional layer of protection from disqualification in case s/he is convicted of certain offences. (Lily Thomas vs Union of India, Lok Prahari vs Union of India)

The provision provided for a period of 3 months within which the convicted sitting MP/MLA cannot be disqualified. Furthermore, if the sitting MP/MLA were to file an appeal or revision within these three months from the date of conviction, s/he could not be disqualified until the appeal or revision were disposed.

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