Context:

• The Supreme Court recently issued guidelines to monitor the speedy disposal of criminal cases against Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs).

Concerning Status in India:

• The Association for Democratic Reforms (ADR): According to ADR, after the 2019 Lok Sabha elections, 43% of the newly-elected MPs had pending criminal cases against them.
• Amicus curiae Vijay Hansaria: Submitted a report (November 2022) to the top court pointing out that the number of cases against MPs and MLAs have continued to rise.
  • 41% of these cases are more than five years old, despite the fact that this court is seized of the matter and has passed various interim orders to expedite the trial.

Guidelines issued by the Supreme Court (SC) of India:

• High Courts to set up Special Benches: To monitor criminal cases involving legislators, for hearing and disposing of these cases on a priority basis.
• Priority to cases Punishable with Death or Life Imprisonment: Such cases will be heard and disposed of on a fast-track basis.
• Disposal of All Cases within Two Years: To ensure that there is no undue delay in the justice delivery system.
• Action against Public Prosecutors who Delay Trials: To ensure the accountability of public prosecutors for the speedy disposal of these cases.
• Government to provide Adequate Resources to Courts and Prosecutors: To ensure the speedy disposal of cases by providing additional manpower, infrastructure and financial resources.
• Speedy disposal of Cases not at the Cost of Justice: To protect rights of the accused at all times.
• Monitoring of Implementation: High courts are required to submit reports to the Supreme Court on a regular basis on the progress made in the disposal of cases against lawmakers.

Criminalization of Politics: 

• Participation of criminals in politics: Persons with criminal background contest in the election and get selected as a legislature. It is simply the situation where the lawmakers become the lawbreakers. 

Reasons Behind Criminalization Of Politics: 

• Muscle and Money Power: To influence the attitude and conduct of the electorate. A link between the politician and criminals provides a congenial climate to political crime. 
• Failure of Criminal  Justice System: Massive delays of cases over the years has made the formal justice system stagnant and inefficient. With over 40 million cases pending in courts, most of them for years and decades, people have lost faith in the formal justice system.
• Other Reasons: Like a partisan interfering in the investigation of crime and poor prosecution of cases, unwarranted granting of parole and abundance withdrawal of the court cases, etc.

Various Judgments against Criminalization of Politics: 

• Public Interest Foundation vs. Union of India (2019): The SC ordered political parties to publish the criminal records of their candidates on their websites, social media handles and newspapers. 
• Lily Thomas vs. Union of India (2013): The SC declared that any legislative member who is sentenced to a prison term of two years or more would be disqualified from holding office. 
• Association for Democratic Reforms vs. Union of India (2002): The SC ordered that candidates must disclose their criminal records in their nomination papers.
• On a writ petition filed by People’s Union for Civil Liberties (PUCL): The SC directed the Election Commission to provide “None of the Above” (NOTA) option, so that the voters are able to exercise their right not to vote while maintaining their right of secrecy.

Conclusion:

The released guidelines by the SC reflect the moral values of our Constitution. Therefore, it is desirable and required for all stakeholders to work together to ensure its fast and proper implementation.

News Source: Indian Express

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