Remembering Adv. Lily Thomas, Ultimate Judge’s elder extremely woman endorse
Finest Legal endorse Lily Thomas, responsible for hitting off regarding Point 8(4) of one’s Logo of the people Operate, 1951 so you’re able to disqualify a beneficial legislator immediately when convicted for a few or much more years’ jail, has passed aside at age 91 in early occasions out-of during the Maximum Hospital inside the The latest Delhi’s Patparganj.
Born within the Kottayam, Kerala, Lily Thomas entered Madras Large Legal from inside the 1955 and later went on to become the basic lady to complete the LLM way regarding Madras College. She is actually the initial lady in the Asia in order to qualify for a keen LLM degree .
Hitting down regarding Area 8(4) of the Representation of those Act, 1951
Into the 2013, at age of 85, she acquired an excellent landmark reasoning when you look at the Basant Ku) seven SCC 653, less than hence people in India’s Parliament and you may members of county legislative bodies, convicted of a criminal activity or in prison, turned ineligible to operate to possess elections otherwise keep an elected seat. Before now judgment, people in Parliament who have been found guilty however, had filed an interest might go regarding their normal providers, together with are opted for and carrying chair.
Lily Thomas, in addition to suggest Satya Narain Shukla had industry a beneficial Writ petition about Finest Court in 2005, challenging Section 8(4) of one’s Symbol of the people Act and therefore covers a convicted lawmakers up against disqualification on the floor of pendency away from attract up against their belief regarding higher courts. Toward , a counter off Good K Patnaik and you may S J Mukhopadhaya, JJ held one,
“Parliament had no capability to enact sub-point (4) out of Point 8 of the Operate and you will appropriately sub-point (4) off Part 8 of your own Act try super vires the brand new Composition”
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