Lily Thomas (Disqualification Case)

Supreme Court of India(2013) 7 SCC 653

Bench: A.K. Patnaik J, S.J. Mukhopadhaya J

Section 8(4) RPA was struck down as unconstitutional. Parliament has no power under Articles 101(3)(a) and 190(3)(a) to defer the operation of a disqualification under Article 102(1)(e) and 191(1)(e). A person convicted and sentenced to imprisonment for 2 or more years stands immediately disqualified from membership of Parliament or State Legislature, regardless of any pending appeal.