In what is being hailed as a landmark judgment, the Supreme Court on Wednesday struck down section 8 (4) of the Representation of the People Act, 1951 (RPA), as exceeding Parliament’s legislative power.
The case was simple: two petitioners, Lily Thomas and Lok Prahari Foundation, challenged the validity of section 8 (4) of the RPA, which governs the conduct of elections and composition of the Houses of Parliament and state Legislatures. Among other things, the RPA prescribes qualifications and disqualifications for candidates and members of Parliament and legislative assemblies.
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