The Lily Thomas case, also known as the Lily Thomas vs. Union of India case, was a landmark case heard by the Supreme Court of India in 2013.
The case dealt with the interpretation of Section 8(4) of the Representation of the People Act, which allowed convicted MPs and MLAs to continue to hold office while their appeals were pending in higher courts. The question before the court was whether this provision violated the constitutional right to equality under Article 14 of the Indian Constitution.
In its judgment, the Supreme Court held that Section 8(4) of the Representation of the People Act was unconstitutional and struck it down. The court ruled that convicted MPs and MLAs would be immediately disqualified from holding office, even if their appeals were pending in higher courts.
The court stated that allowing convicted politicians to continue to hold office violated the principles of democracy, as it would allow individuals with criminal backgrounds to participate in the lawmaking process. The court also noted that the right to contest an election was not an absolute right and could be subject to reasonable restrictions in the interest of the public.
The Lily Thomas case was significant as it set a precedent for the disqualification of politicians convicted of criminal offences. It has led to several politicians being disqualified from holding office, including former Tamil Nadu Chief Minister J. Jayalalithaa and former Bihar Chief Minister Lalu Prasad Yadav.
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The Lily Thomas case, also known as the Lily Thomas vs. Union of India case, was a landmark case heard by the Supreme Court of India in 2013.
The case dealt with the interpretation of Section 8(4) of the Representation of the People Act, which allowed convicted MPs and MLAs to continue to hold office while their appeals were pending in higher courts. The question before the court was whether this provision violated the constitutional right to equality under Article 14 of the Indian Constitution.
In its judgment, the Supreme Court held that Section 8(4) of the Representation of the People Act was unconstitutional and struck it down. The court ruled that convicted MPs and MLAs would be immediately disqualified from holding office, even if their appeals were pending in higher courts.
The court stated that allowing convicted politicians to continue to hold office violated the principles of democracy, as it would allow individuals with criminal backgrounds to participate in the lawmaking process. The court also noted that the right to contest an election was not an absolute right and could be subject to reasonable restrictions in the interest of the public.
The Lily Thomas case was significant as it set a precedent for the disqualification of politicians convicted of criminal offences. It has led to several politicians being disqualified from holding office, including former Tamil Nadu Chief Minister J. Jayalalithaa and former Bihar Chief Minister Lalu Prasad Yadav.