Wednesday, July 10, 2013

Supreme Court delivers landmark verdict on Lily Thomas and Lok Prahari Petitions, set clause 8(4) of RP Act ultra vires

Details of today's Supreme Court Judgement regarding the convicted MPs and MLAs. Petitions were filed in Supreme Court by Lily Thomas (WRIT PETITION (CIVIL) NO. 490 OF 2005) and an NGO Lok Prahari (WRIT PETITION (CIVIL) NO. 231 OF 2005) in 2005.

The petitions asked the court to set aside the clause 8(4) of the Representative of the People Act because this clause allowed the sitting MPs and MLAs to continue to be elected representative even when they get convicted in a court of law. The petitions prayed that this special safeguard provided in the clause 8(4) is ultra vires to the constitution of India.

Senior Counsel Fali S. Nariman and S.N. Shukla (the General Secretary of Lok Prahari) appeared for Lily Thomas and Lok Prahari respectively during the hearings.