Urgent Reforms Needed: Supreme Court Addresses Criminal Cases Among MPs
It alarmingly noted that in certain instances, legal actions against public figures have been dragging on for as long as 30 years.
By: Tupaki Desk | 10 Feb 2025 7:06 PM ISTOn Tuesday, the Supreme Court delved into a plea that has been on its docket since 2016, initiated by Ashwini Upadhyay. This plea calls for the imposition of a lifetime ban on politicians who have been convicted, to prevent them from entering electoral contests. Justices Dipankar Datta and Manmohan took the bench to examine the plea along with a report from Amicus Curiae Vijay Hansaria. This report shed light on the concerning figure that 42 Lok Sabha members are embroiled in criminal cases. It alarmingly noted that in certain instances, legal actions against public figures have been dragging on for as long as 30 years.
The report scrutinized by the court highlighted multiple systemic issues, including the scarcity of special courts dedicated to these trials across various regions of the country. It pointed out significant roadblocks to swift justice, such as the frequent absence of the accused from trials and the common practice of seeking adjournment after adjournment. The justices voiced their frustration over these delays, pondering how individuals deemed unfit for employment due to criminal records are still considered eligible to serve as public representatives. They urged the Election Commission of India to devise a more robust solution and lamented the failure to establish special courts in certain states, contrary to prior mandates.
Driven by these findings and the implications for the integrity of the electoral process, the court's bench took decisive action. They issued notices to both the Central government and the Election Commission of India, signaling the gravity of the concerns raised. With the next session scheduled for March 4th, the justices underscored the urgency of addressing these systemic flaws. Their deliberations conveyed a clear message: the need for more effective measures to ensure that individuals facing serious criminal charges do not occupy positions of power and influence within the government.
The Supreme Court's engagement with this case underscores a critical challenge facing India's democratic institutions. It highlights the pressing need for reforms to guarantee that only individuals with unblemished records can stand for election. This move by the court could potentially lead to significant changes in how politicians are vetted for eligibility, thereby strengthening the foundations of India's democracy.
