Lily Thomas v. Union of India
(2013) 7 SCC 653 · 2-judge bench
Challenged Section 8(4) of the Representation of the People Act, 1951, which let a convicted sitting MP or MLA keep their seat simply by filing an appeal within 3 months — effectively letting convicted legislators stay in office indefinitely while appeals dragged on.
The Court struck down Section 8(4) as unconstitutional, holding that a sitting MP or MLA is disqualified immediately upon conviction (subject to the specific conviction meeting the Act's disqualification criteria) — filing an appeal no longer protects their seat.
Closed a loophole that had let convicted politicians remain in office for years through appeals — a significant, concrete step toward accountability in Indian electoral politics.
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