Supreme Court Agrees to Urgent Hearing on Pending Cases Against MPs and MLAs
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In a pivotal step toward expediting judicial accountability for elected lawmakers, the Supreme Court of India on Friday agreed to list a decade-old public interest litigation (PIL) for urgent hearing. The plea, originally instituted in 2016, demands concrete and binding directions to fast-track criminal trials pending against sitting and former Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) across the nation. Responding to urgent submissions made by senior counsel at the apex court in New Delhi, a bench headed by Chief Justice Surya Kant and Justice Joymalya Bagchi assured that the matter would be listed promptly to consider structured guidelines for the time-bound disposal of criminal proceedings involving political figures.
Amicus Curiae Pushes for Immediate Directives: Fast-Tracking Over 4,000 Pending Trials
Senior Advocate Vijay Hansaria, who has been assisting the apex court as amicus curiae in this landmark proceeding, mentioned the matter before the bench, emphasizing that urgent judicial intervention is essential to prevent indefinite trial delays:
Urgent Steps Needed: Hansaria submitted that despite previous directives, trial progression in designated special courts remains sluggish, necessitating strict enforcement mechanisms and prioritized daily or continuous hearings.
Bench Assurance: Chief Justice Surya Kant took note of the urgency surrounding the accumulation of long-pending trials and confirmed that the bench would schedule the case for formal hearing without delay.
Previous Judicial Recusal: The matter was earlier listed on August 18, when Justice V. Mohana recused herself from the bench, noting that she had previously appeared in the litigation as a senior counsel, prompting the re-constitution of the bench.
Alarming Statistics: 251 Lok Sabha and 75 Rajya Sabha MPs Face Declared Criminal Charges
The urgency of the petition is underscored by data collated in the amicus curiae's comprehensive reports submitted before the court, which reveal widespread criminal antecedents across India's legislative bodies:
Parliamentary Data: Out of 543 elected members of the Lok Sabha, a striking 251 lawmakers have self-declared criminal cases in their official election affidavits. In the Upper House, 75 out of 233 sitting Rajya Sabha members face declared criminal proceedings.
Over 4,000 Cases Nationwide: Across the states and union territories, more than 4,000 criminal cases remain actively pending against sitting and former MPs and MLAs, ranging from corruption and financial impropriety to serious penal offenses.
Push for Dedicated Infrastructure: The pending petition seeks stricter operational mandates for designated special MP/MLA courts, dedicated prosecution teams, and tight trial timelines to ensure that public representatives do not escape legal scrutiny through procedural gridlock.
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