Case Note & Summary
The Supreme Court addressed two writ petitions filed as Public Interest Litigations challenging the constitutionality of sub-section (4) of Section 8 of the Representation of the People Act, 1951. The petitioners contended that this provision, which allows sitting members of Parliament or State Legislatures to defer disqualification upon conviction for a period of three months, is ultra vires the Constitution. They argued that Articles 102 and 191 of the Constitution provide the same disqualifications for being elected and for continuing as a member, and thus, the law cannot differentiate between the two. The respondents defended the provision, asserting that it serves to protect the functioning of the legislature and allows for the possibility of appeal against convictions. The court analyzed the legislative powers conferred by the Constitution and concluded that Parliament does not have the authority to create a distinction in disqualifications for elected members versus those seeking election. The court emphasized that disqualifications must be uniform and that the provision in question was arbitrary and discriminatory, violating the principle of equality under Article 14. Ultimately, the court declared sub-section (4) of Section 8 of the Act as unconstitutional, reinforcing the need for consistent application of disqualifications for all members of the legislature.
Headnote
A) Constitutional Law - Disqualification for Membership - Legislative Power - Sub-section (4) of Section 8 of the Representation of the People Act, 1951 - The court held that Parliament lacks the legislative power to enact a provision that allows sitting members to defer disqualification upon conviction, as it contravenes Articles 102 and 191 of the Constitution which mandate uniform disqualifications for election and membership. The provision was deemed arbitrary and discriminatory, violating Article 14 of the Constitution (Paras 14-19).
Issue of Consideration
Whether sub-section (4) of Section 8 of the Representation of the People Act, 1951 is ultra vires the Constitution.
Final Decision
The Supreme Court declared sub-section (4) of Section 8 of the Representation of the People Act, 1951 as ultra vires the Constitution, holding that it violates the uniformity of disqualifications mandated by Articles 102 and 191.
Law Points
- disqualification for membership
- legislative power
- public interest litigation
- constitutional validity
- interpretation of statutes
