Supreme Court Considers Criminalization of Politics in PIL on Convicted MPs/MLAs

The Supreme Court, in a public interest litigation (PIL) challenging the election of convicted individuals as MPs/MLAs, emphasized the grave issue of criminalization in politics and sought responses from the Union of India and the Election Commission regarding the constitutional validity of Sections 8 and 9 of the Representation of People Act (RP Act).

The PIL, filed by Advocate Ashwini Kumar Upadhyay, seeks a lifetime disqualification for MPs/MLAs convicted of criminal offences, questioning the current provision in the RP Act which allows convicted politicians to contest elections after serving only a six-year disqualification period. Senior Advocate Vijay Hansaria, acting as Amicus Curiae, informed the Court that about 5000 criminal cases against MPs/MLAs remain pending, despite numerous directions issued since the PIL’s filing. He raised concerns over the delay in the disposal of these cases and highlighted that 42% of sitting Lok Sabha members still face criminal charges.

The bench, led by Justices Dipankar Datta and Manmohan, expressed concern over the ongoing delay in case hearings, with Amicus Hansaria pointing out that special courts often prioritize other cases, adjournments are frequent, and witnesses are not served summons in time. Justice Manmohan urged a state-by-state approach to address these issues, as the situation varies across the country.

Further, Senior Advocate Vikas Singh challenged the provisions of Sections 8 and 9 of the RP Act, arguing that it could not have been Parliament's intent to allow convicted individuals of heinous crimes like rape or murder to contest elections after serving short sentences. The Court also examined the issue of convicted individuals holding leadership positions in political parties, with the Amicus suggesting that the Election Commission issue guidelines to prevent such persons from being office-bearers.

The Court also noted the need to address loopholes that could allow convicted persons to maintain control over political parties indirectly, stressing the importance of ensuring that the judgment has a meaningful impact. The case concerning the constitutional validity of Sections 8 and 9 of the RP Act will be revisited in three weeks, with the Union and Election Commission given time to submit their responses.

The issue of expeditious disposal of MP/MLA cases, previously addressed by the Court in 2023, was referred to the Chief Justice for further action due to continued delays.

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