DISQUALIFICATION FOR MEMBERSHIP — Section 8(4) of Representation - TopicsExpress

DISQUALIFICATION FOR MEMBERSHIP — Section 8(4) of Representation of People Act, 1951 ultra vires the Constitution — Powers of Parliament — Once a person who was member of either House of Parliament or House of State Legislature becomes disqualified by or under any law made by Parliament under Articles 102(1)(e) and 191(1)(e) of Constitution, his seat automatically falls vacant by virtue of Articles 101(3)(a) and 190(3)(a) of Constitution and Parliament cannot make provision as in Section 8(4) of Act to defer date on which disqualification of sitting member will have effect and prevent his seat becoming vacant on account of disqualification under Articles 102(1)(e) and 191(1)(e) of Constitution. [VI (2013) SLT 1] #SupremeCourtofIndia #LawIntellect

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