6.2. MPs, MLAs to be Disqualified on Date of Criminal Conviction

In Lily Thomas v. Union of India, 2013 the Supreme Court declared Section 8 (4) of the RPA, 1951, (RPA) as unconstitutional. This section allowed legislators a three-month window to appeal against their conviction, effectively delaying their disqualification until such appeals were exhausted.

Section 8 of RPA, 1951 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 RPA 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.