Aapka Consultant Judgment Series- In this series, we are providing case analysis of Landmark Judgments of Hon’ble Supreme Court of India.
Lily Thomas v. Union of India & Ors.
AIR 2013 SC 2662: (2013) 7 SCC 653
JUDGES: A.K. Patnaik and S.J. Mukhopadhaya
Date of Decision: 10-07-2013
FACTS:-
The writ petition has been filed as Public Interest Litigation for mainly declaring Sub Section (4) of Section 8 of the Representation of the People Act (RP), 1951 as ultra vires the Constitution. The saving or the protection provided by Sub Section 4 of Section 8 of RP Act to the sitting members of the Parliament or the State Legislature for being disqualified by conviction under Sub Sections- (1), (2) and (3) of Section 8 of the act and to file an appeal or revision, has been challenged through this writ petition before the Supreme Court.
ISSUE:-
Whether Section 8(4) of the Representation of People Act, 1951 ultra vires the constitutional provisions?
JUDGMENT:-
The Hon’ble Supreme Court has held that Section 8(4) of the Representation of People Act, 1951 ultra vires the constitutional provisions.
The affirmative words under Article 102(1) (e) and 191(1) (e) of the Constitution confer power on the Parliament to make one law laying down the same disqualifications for a person who is to be chosen as member of either House of Parliament or as a member of the Legislative Assembly or Legislative Council of a State and for a person who is a sitting member of a House of Parliament or a House of the State Legislature and the words in Articles 101(3) (a) and 190(3) (a) of the Constitution put express limitation of the power of the Parliament to defer the date on which the disqualifications would have effect. Accordingly, Sub Section 4 of Section 8 of RP Act which carves out the saving for sitting members of the Parliament or State Legislature from the disqualifications under Sub Sections (1), (2) and (3) of Section 8 of the Act or which defers the date on which the disqualification will take effect in the case of a sitting member of Parliament or a State Legislature is beyond the powers conferred on Parliament by the Constitution. Parliament has exceeded its powers conferred by the Constitution in enacting Sub Section (4) of Section 8 of the Act and accordingly Sub Section (4) of Section 8 of the Act is ultra vires the Constitution.
Further Court observed that Sitting members of Parliament and State Legislature who have already been convicted for any of the offences mentioned in Sub Sections (1), (2) and (3) of Section 8 of the Act and who have filed appeals or revisions which are pending and are accordingly saved from the disqualifications by virtue of Sub Sections (4) of Section 8 of the Act should not, be affected by the declaration made in this judgment. This is because the knowledge that sitting members of Parliament or State Legislatures will no longer be protected by Sub Sections (4) of Section 8 of the Act will be acquired by all concerned only on the date this judgment is pronounced by this Court. However, if any sitting member of Parliament or a State Legislature is convicted of any of the offences mentioned in Sub Sections (1), (2) and (3) of Section 8 of the Act and by virtue of such conviction and/or sentence suffers the disqualifications mentioned in Sub Sections (1), (2) and (3) of Section 8 of the Act after the pronouncement of this judgment, his membership of Parliament or the State Legislature, as the case may be, will not be saved by Sub Section (4) of Section 8 of the Act which we have by this judgment declared as ultra vires the Constitution notwithstanding that he files the appeal or revision against the conviction and /or sentence.
HELD:-
The Court held that Sub Section (4) of section 8 of RP Act ultra vires the Constitution and hence membership of Parliament or the State Legislature, as the case may be, will not be saved by said Sub Section and the same will terminate immediately after conviction for any of the offences mentioned in sub-section (1), (2) and (3) of Section 8 of the Act.
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