Disqualification of convicted representatives in India information
Supreme Court of India, in its judgement dated 10 July 2013 while disposing the Lily Thomas v. Union of India case (along with Lok Prahari v. Union of India),[1] ruled that any Member of Parliament (MP), Member of the Legislative Assembly (MLA) or Member of the Legislative Council (MLC) who is convicted of a crime and given a minimum of two years' imprisonment, loses membership of the House with immediate effect. This is in contrast to the earlier position, wherein convicted members held on to their seats until they exhausted all judicial remedy in lower, state and supreme court of India. Further, Section 8(4) of the Representation of the People Act, which allowed elected representatives three months to appeal their conviction,[2] was declared unconstitutional by the bench of Justice A. K. Patnaik and Justice S. J. Mukhopadhaya.[3]
^"Lily Thomas vs Union of India & Ors. on 10 July, 2013". indiankanoon.org. Retrieved 3 November 2013.
^"Section 8 in The Representation of the People Act, 1951". indiankanoon.org. Retrieved 22 October 2013.
^Venkatesan, J. (10 July 2013). "MPs, MLAs to be disqualified on date of criminal conviction". The Hindu. Retrieved 21 October 2013.
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