SC Guidelines on Speedy Disposal of Criminal Cases Against MPs and MLAs

November 10, 2023

The Supreme Court of India has issued comprehensive guidelines aimed at expediting the resolution of criminal cases against Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs). This significant decision stems from a plea filed by advocate Ashwini Kumar Upadhyay, addressing both the prompt handling of cases and the possibility of a lifetime ban on convicted politicians from contesting elections.

CJI-Led Bench’s Directions

The Supreme Court, led by Chief Justice DY Chandrachud, issued the guidelines in response to Upadhyay’s plea.
The plea, filed in August 2016, sought the swift resolution of cases involving lawmakers and proposed a lifetime ban on convicted politicians.
Section 8 of the Representation of the People Act, 1951 (RP Act), which deals with disqualification of legislators, was at the center of the plea.

Understanding the RP Act

The RP Act, introduced by Dr. BR Ambedkar, governs elections to the Parliament and state legislatures.
Section 8 of the RP Act addresses disqualifications for lawmakers, including offences like promoting enmity, bribery, undue influence, hoarding, profiteering, and adulteration of food or drugs.
Section 8(3) of the RP Act imposes a six-year ban on individuals convicted of offences carrying a minimum two-year prison sentence.

The Court’s Decision

The Supreme Court addressed the need for expedited resolution of cases against lawmakers.
Guidelines include the establishment of suo motu cases by high court chief justices to monitor the speedy disposal of pending cases.
Special benches led by chief justices or designated benches may hear these cases, with hearings scheduled at regular intervals if necessary.
The court emphasized prioritizing cases punishable by death or life imprisonment, as well as those with sentences of five years or more.
Trial courts cannot adjourn such cases without compelling reasons.

Ensuring Infrastructure and Transparency

Principal district and session judges are tasked with ensuring adequate infrastructure and technological support for designated courts.
High courts must create an independent tab on their websites to provide district-wise information on these cases, including their status.

Historical Context

The Supreme Court has previously addressed the expeditious resolution of criminal cases against lawmakers, notably in the 2015 ruling “Public Interest Foundation vs. Union of India.”
The 2015 ruling directed that trials of sitting legislators facing charges under Section 8 of the RP Act be completed promptly, with trials conducted on a “day-to-day” basis if necessary.

« Previous Post Next Post »