LANDMARK CASE

Lily Thomas v. Union of India (Disqualification of Legislators)

(2013) 7 SCC 653 · Supreme Court of India · Election law

At a glance

Citation: (2013) 7 SCC 653
Court: Supreme Court of India
Area of law: Election law
In one line: Section 8(4) was struck down. Legislators are disqualified immediately on conviction for specified offences.

1 Facts

Section 8(4) of the Representation of the People Act protected sitting legislators from disqualification on conviction while appeals were pending.

2 Issue

Is that protection valid?

3 What the court decided

Section 8(4) was struck down. Legislators are disqualified immediately on conviction for specified offences.

4 Why it matters

It strengthened the integrity of legislatures.

5 Think about it

Why treat sitting members the same as candidates?

6 Analyse it yourself

Read the full judgment from an official source or a law database, then brief it in seven steps: facts, issues, arguments, decision, ratio, obiter and significance. Always check the citation before you rely on it.

7 More cases on Election law

Anoop Baranwal v. Union of India (2023) 6 SCC 161
Kuldip Nayar v. Union of India (2006) 7 SCC 1
Lok Prahari v. Union of India (2018) 4 SCC 699
Mohinder Singh Gill v. Chief Election Commissioner (1978) 1 SCC 405
N.P. Ponnuswami v. Returning Officer, Namakkal AIR 1952 SC 64
People's Union for Civil Liberties v. Union of India (NOTA) (2013) 10 SCC 1

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