The Supreme Court, led by Justice Surya Kant, has declined a request to transfer a long-pending Public Interest Litigation (PIL) that seeks the speedy resolution of criminal cases against Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) and calls for a lifetime ban on convicted politicians. The PIL, originally filed in 2016, was brought under Article 32 of the Indian Constitution to challenge provisions of the Representation of People Act.
During the hearing, Senior Advocate Vijay Hansaria, acting as Amicus Curiae, requested that the matter be listed before a different bench where Justice N Kotiswar Singh was not a member. The reason cited was that Justice Singh and Hansaria had previously worked together. However, the Supreme Court bench, comprising Justices Surya Kant and N Kotiswar Singh, refused the request.
Justice Kant observed:
"Had this been an adversarial matter, we would have considered the request. However, since it is a case of public interest, there is no need for a transfer."
The case has now been tentatively scheduled for a hearing on April 8.
Read Also:- Supreme Court to Hear Plea Seeking Quashing of FIR Against Bihar Judge Over Home Guard's Death
Background of the PIL
The PIL seeks judicial intervention for two main objectives:
- Expedited disposal of criminal cases involving MPs and MLAs.
- A lifetime ban on politicians convicted of criminal offenses or dismissed from government service due to corruption or disloyalty from contesting elections.
Currently, the Representation of People Act disqualifies convicted politicians from contesting elections for only six years after completing their jail term. The petition challenges this provision, arguing for stricter disqualification measures.
In 2023, a bench led by former Chief Justice of India (CJI) Dr. D.Y. Chandrachud addressed the first plea regarding the timely disposal of criminal cases. The court issued multiple directives to ensure the early resolution of pending cases against politicians.
However, during a hearing in February 2025, Amicus Curiae Hansaria informed the Supreme Court that nearly 5,000 criminal cases involving MPs and MLAs were still pending despite previous judicial directions.
Responding to this, a bench of Justices Dipankar Datta and Manmohan noted:
"The issue of expeditious disposal of criminal cases against politicians was addressed in 2023, and High Courts were directed to oversee these cases. Yet, delays persist, with High Courts merely calling for status reports and adjourning the hearings."
Acknowledging the continued delays, the bench referred the matter to CJI Sanjiv Khanna to constitute an appropriate bench for further deliberation.
Read Also:- Supreme Court Directs Release of Elderly Woman Held in Assam Detention Centre
The Supreme Court also remarked on the growing concern of criminalization in Indian politics. The bench sought responses from the Union of India and the Election Commission regarding the constitutional validity of the Representation of People Act provisions that allow convicted politicians to return to electoral politics after a six-year ban.
"The issue of criminalization in politics is of utmost importance. It is imperative to ensure fair and transparent electoral processes," the court noted during the hearing.
With the matter now awaiting further scrutiny by an appropriate bench, the legal battle over banning convicted politicians for life remains ongoing. The Supreme Court's decision on this case will be crucial in shaping electoral reforms and addressing the deep-rooted issue of criminalization in Indian politics.
Case Title: ASHWINI KUMAR UPADHYAY Versus UNION OF INDIA AND ANR., W.P.(C) No. 699/2016 (and connected case)
