CASES REPORTED IN 2013 SCC Vol. 7 September 7, 2013 Part 5 AMENDMENT IN SECTION 8(4) REPRESENTATION OF PEOPLES ACT : ULTRA VIRUS : Lily Thomas v. Union of India (2013) 7 SCC 653 (decided on July 10, 2013)- S. 8(4) of Representation of the People Act, 1951 is ultra vires the Constitution. Parliament had no power to enact S. 8(4). Hence, disqualification for being chosen as, or, for being MP or MLA/MLC upon conviction as provided in Ss. 8(1), (2) or (3) shall come into effect immediately upon such conviction and such disqualification cannot be postponed/suspended as was sought to be done by S. 8(4).
Posted on: Tue, 17 Sep 2013 12:51:11 +0000
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