Mumbai: The Supreme Court on Monday addressed a public interest litigation (PIL) challenging the election of convicted individuals as MPs and MLAs, noting that the criminalization of politics is a critical issue. The court has accordingly sought responses from the Union of India and the Election Commission on the constitutional validity of Sections 8 and 9 of the Representation of People Act (RP Act), reports Live Law.
About The PIL
The PIL, filed by Advocate Ashwini Kumar Upadhyay, calls for life-long disqualification of MPs/MLAs convicted of criminal offenses. It challenges the RP Act’s provision that only bars convicted politicians from contesting elections for six years after serving their sentence.
Senior Advocate Vijay Hansaria, appointed as Amicus Curiae, highlighted that despite several court orders around 5,000 criminal cases against MPs/MLAs remain pending. The key issues raised in the PIL include expediting the disposal of these cases, the constitutional validity of Section 8 of the RP Act, and whether convicted individuals should be allowed to form or hold positions in political parties.
In 2017, the Court had ordered the establishment of 12 special courts across 10 states to handle these cases, followed by directions for the appointment of nodal prosecution officers and restrictions on adjournments. Despite these efforts, the situation remains dire, with 42% of sitting Lok Sabha members still facing pending criminal cases.
The Amicus pointed out the delays in the judicial process, citing factors such as the diversion of special courts’ attention to non-MP/MLA cases, frequent adjournments, and delays in serving witness summons. Justice Dipankar Datta expressed concern over the prolonged delay in case disposal, reflecting the Court’s frustration with the failure to resolve these critical issues.
