Supreme Court · 2013 INSC 456 · Decided 10 July 2013
Lily Thomas v. Union of India & ORS.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 456 · [2013] 10 S.C.R. 1130
- Case number
- WRIT PETITION (CIVIL) No. 490/2005
- Decided
- 10 July 2013
- Bench
- A.K. PATNAIK, S. J. MUKHOPADHAYA (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Writ / Constitutional
- Acts & sections cited
- Constitution Article 101(3)(a), 102(1)(e), 190(3)(a), 191(1)(e), 248; Representation of the People Act Section 8(4), 8
Headnote
Representation of the People Act, 1951 - s.8(4) - Vires c of - Challenge to - Legislative power of the Parliament to enact s.8(4) - Held: The Parliament exceeded its powers confeffed by the Constitution in enacting sub-section (4) of s.8 and accordingly sub-section (4) of s.8 is ultra vires (4) of s.8 which carves out a saving in the case 0 of sitting members of Parliament or State Legislature from the disqualifications under sub-sections (1 ), (2) and (3) of s. 8 or which defers the date on which the disqualification will take effect in the case of a sitting member of
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