Politics

Lily Thomas Case: Disqualification of Convicted MPs and MLAs

In Lily Thomas v. Union of India, decided on 10 July 2013, the Supreme Court struck down Section 8(4) of the Representation of the People Act, which let convic…

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1950-51

The Rules Are Written

Parliament may add disqualifications.

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SECTION 8

The Law in One Card

Four subsections, one struck down.

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1989

The Shield Gets Its Number

Sitting-member saving becomes 8(4).

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21 SEP 2001

A Chief Minister Unseated

Convicts cannot be appointed CM.

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2004-05

Three Petitions

Challenge Section 8(4).

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10 JUL 2013

Section 8(4) Struck Down

Disqualified from conviction.

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WHAT CHANGED

Before and After

An appeal no longer saves the seat.

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SAME DAY

No Contesting From Jail

Later reversed by Parliament.

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4 SEP 2013

Review Rejected

Parliament free to change law.

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24 SEP 2013

An Ordinance to Undo It

Days before fodder verdict.

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27 SEP 2013

Complete Nonsense

Ordinance withdrawn 2 Oct.

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2013

The Ordinance That Never Was

From judgment to first casualties.

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1 OCT 2013

First MP Unseated

Rajya Sabha, four years.

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OCT 2013

Lalu Prasad Out

First Lok Sabha disqualifications.

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26 SEP 2018

A Stay Restores the Seat

Stay of conviction lifts the bar.

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THE KEY TEST

Which Orders Save a Seat?

Only a stay or acquittal.

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9 DEC 2020

Suspended Sentence Not Enough

Conviction is the trigger.

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23 MAR 2023

Rahul Gandhi Disqualified

Seat lost from conviction day.

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2023

137 Days Out

Conviction to restoration.

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4 AUG 2023

Conviction Stayed

Membership restored 7 Aug.

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TWO YEARS

One Day Can Decide a Seat

The sentence imposed counts.

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2026

Still Unseating MLAs

Antony Raju, Vinay Kulkarni.

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THE SEQUENCE

Lost, and Won Back

From conviction to restoration.

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STILL OPEN

A Lifetime Ban?

Centre opposed it in 2025.

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