The Supreme Court has agreed to urgently schedule a 2016 public interest litigation seeking the expeditious trial of criminal cases against lawmakers nationwide, following submissions that nearly 40 percent of elected legislators in the country face criminal prosecution.
A bench led by Chief Justice of India Surya Kant accepted the request for an expedited listing on Friday after senior advocate Vijay Hansaria, serving as amicus curiae in the case, urged the court to issue immediate directives. Chief Justice Kant confirmed that the matter would be taken up, noting it could be heard by a three-judge bench in accordance with previous instructions.
Alarming Case Numbers Across Parliaments and Assemblies
The request follows an affidavit and a fresh report submitted by Hansaria on the criminalisation of politics, which showed that more than 4,000 criminal cases remain unresolved against Members of Parliament and Members of Legislative Assemblies.
According to the data, 251 out of 543 members in the Lok Sabha and 75 out of 233 members in the Rajya Sabha have criminal cases registered against them.
The report further highlighted that the chief ministers of 14 out of India’s 28 states have declared criminal matters against themselves, including allegations of a serious nature. Among current state leadership, Telangana Chief Minister Anumula Revanth Reddy leads with 89 cases, followed by West Bengal Chief Minister Suvendu Adhikari with 29 cases, and Karnataka Chief Minister D K Shivakumar with 19 cases.
Stagnant Disposal Rates Despite Court Oversight
Hansaria informed the bench that despite ongoing monitoring by both the Supreme Court and state high courts to accelerate hearings, the backlog of criminal proceedings against legislators has remained virtually unchanged since 2018.
The matter had previously seen significant judicial intervention on November 9, 2023, when the top court passed a series of directions intended to expedite trials in over 5,000 criminal cases against elected representatives. At that time, the apex court ordered high courts to form dedicated benches to monitor trial progress and instructed designated special courts to prioritise cases involving MPs, MLAs, and members of legislative councils. Special courts were also explicitly barred from granting adjournments except under rare and compelling circumstances.
Recusal Precedes Fresh Listing Request
The urgent listing request also follows a recent change within the bench hearing the case. On August 18, Justice V Mohana, who sat alongside Chief Justice Kant and Justice Joymalya Bagchi, recused herself from the matter, stating that she had previously appeared in the case as a senior advocate.
