In a landmark move to expedite the judicial process, the Supreme Court of India, led by Chief Justice DY Chandrachud, has issued comprehensive guidelines to High Courts for the swift resolution of cases against sitting Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs). This directive comes in response to a public interest litigation (PIL) seeking the establishment of special courts for the timely adjudication of criminal cases involving public servants and members of the judiciary, with the additional plea to bar convicted individuals from holding office for life.
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The Supreme Court has mandated High Courts to initiate suo moto proceedings to oversee the settlement of these cases. The Chief Justices of the High Courts are now responsible for monitoring the progress of these cases within their jurisdictions. The court has acknowledged the challenge of establishing uniform guidelines due to the varied nature of cases across states and has instead empowered High Courts to develop their own measures under Article 227.
The guidelines include the registration of a suo motu case titled
“In Re Designated Courts for MPs/MLAs”
to be overseen by a special bench, which may include the Chief Justice or a bench designated by them. The special bench is tasked with listing the matter at regular intervals and may call upon the Advocate General or Prosecutor for assistance. The High Courts are also instructed to ensure that the Principal District & Sessions Judge allocates the cases to appropriate courts and provides regular reports on their status.
The plea was made in the context of a 2015 judgement by the Supreme Court, which said
“in relation to sitting MPs and MLAs, who have charges framed against them… the trial shall be concluded speedily… and, in no case, later than one year from date of framing of charge(s)”.
Priority is to be given to cases involving serious offenses, and trial courts are instructed to avoid adjournments except under rare and compelling circumstances. The Chief Justice of the High Court is also empowered to review cases where the trial has been stayed, to facilitate the resumption of the trial.
In addition, the High Courts are to ensure that designated courts have the necessary infrastructure and technology for efficient functioning. They are also required to maintain transparency by providing district-wise information on their websites regarding the details and status of pending cases.
These directions are part of the Supreme Court’s efforts to monitor the expeditious disposal of criminal cases against elected officials, a process that has been ongoing since the establishment of Special Courts for this purpose. The writ petition remains pending as the court considers additional prayers, including the lifetime barring of convicted MPs/MLAs from elections and the severance of certain terms of disqualification from the Representation of the People Act.
The Supreme Court’s previous orders have already had a deterrent effect on individuals with criminal backgrounds entering politics, as noted by Senior Advocate Vijay Hansaria. With these new guidelines, the judiciary aims to further reduce the number of convicted politicians in elections, ensuring a more accountable and transparent political environment.
This development is a significant step in the Indian judiciary’s ongoing efforts to uphold the integrity of its democratic institutions and ensure that justice is served without undue delay.
