Q. This Supreme Court judgement struck down as unconstitutional-Section 8(4) of the Representation of the People Act (RPA),1951 that allowed convicted lawmakers a three-month period for filing appeals to the higher court and to get a stay on the conviction and sentence.
What is the judgement being referred to in the above paragraph?
Exp) Option b is the correct answer
Option a is incorrect. The Aruna Shanbaug case triggered debate of Euthanasia in India. Supreme court in 2011 recognised passive euthanasia in this case by which it had permitted withdrawal of life-sustaining treatment from patients not in a position to make an informed decision. Subsequent to this, in a landmark judgment (2018), the Supreme Court recognised passive euthanasia and “living will”.
Option b is correct. In Lily Thomas Case, SC struck down as unconstitutional Section 8(4) of the Representation of the People Act (RPA)-1951 that allowed convicted lawmakers a three-month period for filing appeals to the higher court and to get a stay on the conviction and sentence. The Supreme Court held that charge sheeted Members of Parliament and MLAs, on conviction for offences, will be immediately disqualified from holding membership of the House without being given three months’ time for appeal, as was the case before.
Option c is incorrect. Samatha judgement nullified all mining leases granted by the Andhra Pradesh State government in the Fifth Scheduled areas and asked it to stop all mining operations.
Option d is incorrect. The Supreme Court in its Joseph Shine verdict scrapped the pre-independence provision of adultery law under section 497 of Indian Penal Code (IPC).
