S. J. Mukhopadhaya

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S. J. Mukhopadhaya
Judge of the Supreme Court of India
In office
13 September 2011 – 14 March 2015
Personal details
Born (1950-03-15) 15 March 1950 (age 74)
Alma materMagadh University
Patna University

Sudhansu Jyoti Mukhopadhaya (15 March 1950) is a former justice of the Supreme Court of India.[1] He was also chair of the National Company Law Appellate Tribunal from 1 June 2016 to 14 March 2020. He previously served as Chief Justice of Gujarat High Court and also served as acting Chief Justice at the Jharkhand High Court[2] and the Madras High Court.[3]

Notable judgements

Suresh Kumar Koushal v. Naz Foundation

In Lily Thomas v. Union of India a two-judge bench of Justice A. K. Patnaik and Justice Mukhopadhaya on 10 July 2013[4] ruled that any Member of Parliament (MP), Member of the Legislative Assembly (MLA) or Member of a Legislative Council (MLC) who is convicted of a crime and given a minimum of two years' imprisonment, loses membership of the House with immediate effect. This is in contrast to the earlier position, wherein convicted members held on to their seats until they exhausted all judicial remedy in lower court, High Court and the Supreme Court of India. Further, Section 8(4) of the Representation of the People Act, which allowed elected representatives three months to appeal their conviction,[5] was declared unconstitutional.[6]

References

  1. "Former judges: Hon'ble Mr. Justice Sudhansu Jyoti Mukhopadhaya". Supreme Court of India. Archived from the original on 23 September 2015.
  2. "S.J. Mukhopadhaya sworn in judge". The Hindu. 1 September 2006. Archived from the original on 6 January 2014.
  3. "Justice Mukhopadhaya appointed Chief Justice of Gujarat High Court". The Hindu. 7 December 2009. Retrieved 5 January 2014.
  4. "Lily Thomas vs Union of India & Ors. on 10 July, 2013". indiankanoon.org. Retrieved 3 November 2013.
  5. "Section 8 in The Representation of the People Act, 1951". indiankanoon.org. Retrieved 22 October 2013.
  6. Venkatesan, J. (10 July 2013). "MPs, MLAs to be disqualified on date of criminal conviction". The Hindu. Retrieved 21 October 2013.