Supreme Court Strikes Down Section 8(4) on Immediate Disqualification

The Supreme Court declared sub-section (4) of Section 8 of the Representation of the People Act, 1951, as ultra vires the Constitution. The judgment clarified that Parliament does not have the power to defer the disqualification of sitting members of Parliament or State Legislatures and that such disqualifications must take effect immediately upon conviction. The writ petitions were allowed, and sub-section (4) was struck down.

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Issues Involved:
1. Constitutionality of sub-section (4) of Section 8 of the Representation of the People Act, 1951.
2. Legislative power of Parliament to enact sub-section (4) of Section 8.
3. Impact of sub-section (4) on Articles 102(1)(e) and 191(1)(e) of the Constitution.
4. Whether sub-section (4) violates Article 14 of the Constitution.
5. Impact of the judgment on sitting members of Parliament and State Legislatures.

Issue-wise Detailed Analysis:

1. Constitutionality of sub-section (4) of Section 8 of the Representation of the People Act, 1951:
The writ petitions primarily challenged sub-section (4) of Section 8 of the Representation of the People Act, 1951, as ultra vires the Constitution. The petitioners argued that the disqualifications for a person to be elected as a member of Parliament or State Legislature and for a person to continue as a member cannot be different. This argument was supported by the Constitution Bench judgment in Election Commission, India v. Saka Venkata Rao, which held that Article 191 lays down the same set of disqualifications for election as well as for continuing as a member.

2. Legislative power of Parliament to enact sub-section (4) of Section 8:
The petitioners contended that Parliament lacked the legislative power to enact sub-section (4) of Section 8 of the Act, as Articles 102(1)(e) and 191(1)(e) of the Constitution do not confer such power. The respondents argued that the legislative power could be located in Article 246(1) read with Entry 97 of List I of the Seventh Schedule and Article 248 of the Constitution. However, the Court held that the legislative power to enact any law relating to disqualification for membership of Parliament or State Legislature can only be located in Articles 102(1)(e) and 191(1)(e) of the Constitution.

3. Impact of sub-section (4) on Articles 102(1)(e) and 191(1)(e) of the Constitution:
Articles 102(1)(e) and 191(1)(e) of the Constitution provide that Parliament is to make one law for disqualification for both being chosen as a member and for continuing as a member of Parliament or State Legislature. The Court held that Parliament does not have the power to make different laws for these purposes. Additionally, Articles 101(3)(a) and 190(3)(a) of the Constitution state that if a member becomes subject to any disqualification, his seat shall become vacant. Therefore, sub-section (4) of Section 8, which defers the disqualification of a sitting member, is beyond Parliament's powers.

4. Whether sub-section (4) violates Article 14 of the Constitution:
The petitioners argued that sub-section (4) of Section 8 is arbitrary and discriminatory, violating Article 14 of the Constitution, as it provides special privileges to sitting members of Parliament and State Legislatures. However, the Court did not find it necessary to decide this issue, as it had already declared sub-section (4) ultra vires the Constitution.

5. Impact of the judgment on sitting members of Parliament and State Legislatures:
The Court held that sitting members of Parliament and State Legislatures who have already been convicted and filed appeals or revisions within three months, and whose appeals are pending, should not be affected by the declaration. However, any sitting member convicted after the pronouncement of this judgment will not be protected by sub-section (4) of Section 8.

Conclusion:
The Supreme Court declared sub-section (4) of Section 8 of the Representation of the People Act, 1951, as ultra vires the Constitution. The judgment clarified that Parliament does not have the power to defer the disqualification of sitting members of Parliament or State Legislatures and that such disqualifications must take effect immediately upon conviction. The writ petitions were allowed, and sub-section (4) was struck down.

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