The Supreme Court of India has been called upon to facilitate swift adjudication of nearly 5,000 cases involving current and former MPs and MLAs, highlighting a significant backlog that tarnishes the democratic fabric of the nation. This plea is part of a PIL initiated by Ashwini Upadhyay in 2016, which seeks a lifetime ban on politicians convicted of crimes. The PIL is set for review by a bench comprising Justices Dipankar Datta and Manmohan.
Senior Advocate Vijay Hansaria, serving as amicus curiae, filed an affidavit indicating that 4,732 criminal cases are pending against lawmakers as of January 1, 2025, with 892 new cases registered in 2024 alone. The affidavit underscores the legislators’ undue influence over their trials, resulting in prolonged legal proceedings.
The submission highlights the analysis by the Association of Democratic Reforms (ADR), noting that among the current 543 Lok Sabha members, 251 have pending criminal charges, including 170 facing serious allegations. Hansaria pointed out the operational challenges within special courts for MPs/MLAs, such as juggling regular court duties, which dilute their focus on lawmaker-related cases.
Furthermore, the affidavit criticized the inefficiencies in legal processes, including absent defendants, untimely witness summons, and lenient adjournment policies, contrary to the Supreme Court’s directive for minimal interruptions. Hansaria emphasized the necessity of transparency in the legal proceedings against lawmakers, advocating for detailed updates on the High Court websites to inform the electorate about the progress and delays in these high-profile cases.
The recommendations for reform include dedicating the special MP/MLA courts solely to lawmaker cases until their conclusion and imposing stricter measures like day-to-day trials for cases older than three years, aligning with Section 346 of the Bharatiya Nagarik Suraksha Sanhita. Hansaria also proposed the issuance of non-bailable warrants for repeat absences and the dismissal of outdated prohibitory order violations if they have lingered for over a year.
