Supreme Court of India

Lily Thomas v. Union of India & Ors.

Neutral citation

Reported as [2013] 10 S.C.R. 1130

Bench A.K. Patnaik and Sudhansu Jyoti Mukhopadhaya JJ.

Decided 10 July 2013

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that Parliament has been vested with the powers to make law laying down the same disqualifications for person to be chosen as a member of Parliament or a State Legislature and for a sitting member of a House of Parliament or a House of a State Legislature.

Judgment, page 30

From the 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 the Constitution - Sub-section (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

Authorities it was built on

2001 B.R. Kapur v. State of Tamil Nadu and Anr. cited by 13
2006 Ravikant S. Patil v. Sarvabhouma S. Bagali cited by 9
2005 K. Prabhakaran v. P. Jayarajan cited by 8
1995 Ramanarang v. Ramesh Narang and Ors. cited by 8
1970 Manni Lal v. Shri Parmai Lal & Ors. cited by 5
2007 Navjot Singh Sidhu v. State of Punjab and Anr. cited by 3

Where later benches applied it

2018 Public Interest Foundation & Ors. v. Union of India & Anr. relied on
2021 Brajesh Singh v. Sunil Arora & Ors. referred to
2020 Saritha S. Nair v. Hibi Eden referred to
2016 Mahipal Singh Rana, Advocate v. State of Uttar Pradesh referred to

Of those, 1 relied on · 3 referred to

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