Supreme Court Ruling on Legislator Disqualification
The Supreme Court, in the case of Lily Thomas vs Union of India, delivered a significant judgment regarding the disqualification of elected representatives.
The Court held that any Member of Parliament (MP) or Member of Legislative Assembly/Council (MLA/MLC) who is convicted of a crime and sentenced to a minimum of two years of imprisonment would be disqualified from their membership of the House with immediate effect.
- This ruling effectively nullified the provision that allowed sitting legislators to continue in office pending appeals against their conviction.
- The judgment aimed to uphold the integrity of the legislative bodies by ensuring that individuals with serious criminal convictions do not hold public office.
- The specific case addressed the validity of Section 8(4) of the Representation of the People Act, 1951, which had previously protected such legislators.
Therefore, the case Lily Thomas vs Union of India is the correct precedent for the immediate disqualification of MPs and MLAs upon conviction and sentencing.
Important Questions from Constitution Law
- In which of the following cases, the Supreme Court held that 'the preamble is the part of the constitution' ?
- Clause(5) of article-15 has been added to the constitution by :
- Rights of a citizen under Article-19 are automatically suspended during the period of emergency, if emergency under Article-352 is declared on the grounds of :
- In which of the following cases the supreme court has held that the word 'law' in Article-21 does not mean merely an enacted piece of law but must be just, fair and reasonable law ?
- Which cannot be done directly, cannot be done indirectly.' – This statement epitomises the doctrine of :
