Lily Thomas Case (2013)
– Immediate Disqualification of Convicted Legislators
Background of the Case
Under Section 8 of the Representation of the People Act, 1951, persons convicted of certain offences were disqualified from contesting elections.
However, Section 8(4) created an exception:
- Sitting MPs and MLAs were given three months’ time → To file an appeal and obtain a stay on conviction
- During this period, they continued as members
This preferential treatment was challenged in Lily Thomas vs. Union of India.
Core Constitutional Questions
- Can Parliament treat sitting legislators differently from candidates?
- Do Articles 102 and 191 permit such an exception?
- Does Section 8(4) violate constitutional equality and morality?
Supreme Court’s Judgement
The Supreme Court delivered a firm and equality-based verdict.
(a) Section 8(4) Struck Down as Unconstitutional
The Court held that:
- Section 8(4) of the RPA, 1951 is ultra vires the Constitution
- Parliament lacked the power to enact such a provision
(b) Immediate Disqualification on Conviction
The Court ruled that:
- Disqualification takes effect from the date of conviction
- There is no grace period for sitting MPs or MLAs
Thus, A convicted legislator immediately loses membership of the House.
(c) Uniformity Under Articles 102 and 191
The Court clarified that:
- Articles 102 (Parliament) and 191 (State Legislatures) allow Parliament to:
- Prescribe disqualifications for being chosen or for continuing as a member
- But not to apply different standards to:
- Candidates
- Sitting members
Therefore → Creating a protective shield for incumbents is unconstitutional
Constitutional Significance
This judgment:
- Reinforced equality before law
- Strengthened legislative integrity
- Advanced electoral reforms
- Sent a strong signal against criminalisation of politics
Impact of the Judgement
- Several MPs and MLAs:
- Were immediately disqualified upon conviction
- Government attempted to nullify the ruling by introducing:
- Representation of the People (Second Amendment and Validation) Bill, 2013
- Following public backlash:
- The Bill was withdrawn
Place in Electoral Reform Jurisprudence
| Case | Contribution |
|---|---|
| ADR (2002) | Right to know |
| PUCL (2013) | NOTA |
| Lily Thomas (2013) | Immediate disqualification |
Summary
The Lily Thomas Case (2013) struck down Section 8(4) of the Representation of the People Act, mandated immediate disqualification of convicted MPs and MLAs, and reinforced that legislators are subject to the same constitutional standards as ordinary citizens.