Synopsis of Judgement

The Supreme Court on Wednesday in a LANDMARK JUDGEMENT, struck down as unconstitutional Section 8 (4) of the Representation of the People Act and held that chargesheeted/convicted by trial court/ Members of Parliament and MLAs, on conviction for offences, will be immediately disqualified from holding membership of the House without being given three months’ time for appeal, as was the case before. The Bench, however, made it clear that the ruling will be prospective and those who had already filed appeals in various High Courts or the Supreme Court against their convictions would be exempt from it,  Allowing two writ petitions filed by advocate Lily Thomas and Lok Prahari.

WHAT IS THIS SECTION 8 OF  THE REPRESENTATION OF THE PEOPLE ACT, 1950 ?

Section 8 of the RP Act deals with disqualification on conviction for certain offences: A person convicted of any offence and sentenced to imprisonment for varying terms under Sections 8 (1) (2) and (3) shall be disqualified from the date of conviction and shall continue to be disqualified for a further period of six years since his release. But Section 8 (4) of the RP Act gives protection to MPs and MLAs as they can continue in office even after conviction if an appeal is filed within three months.

The Bench found it unconstitutional that convicted persons could be disqualified from contesting elections but could continue to be Members of Parliament and State Legislatures once elected.