The Supreme Court has raised significant concerns regarding the ‘criminalisation of politics’, questioning how individuals convicted of criminal offences can return to Parliament. A bench of Justices Dipankar Datta and Manmohan sought the advice of the Attorney General of India on the matter. 

This comes after a Public Interest Litigation (PIL) filed by advocate Ashwini Upadhyay, who called for a lifetime ban on convicted politicians and faster handling of criminal cases involving elected representatives.

The court has requested responses from the Centre and the Election Commission of India within three weeks, challenging the constitutional validity of Sections 8 and 9 of the Representation of People Act. The bench argued that once a politician is convicted, they should not be allowed to return to Parliament, citing potential conflicts of interest since they would be responsible for making laws while having a criminal record.

Senior advocate Vijay Hansaria, who is assisting the court, pointed out that despite previous orders from the court, a large number of criminal cases against lawmakers remain unresolved. He also highlighted that 42% of sitting Lok Sabha members are facing pending criminal charges. According to Hansaria, the delay in trials is due to issues such as repeated adjournments and special courts taking up non-political cases.

The court has decided to refer the matter to Chief Justice Sanjiv Khanna for consideration by a larger bench, as previous judgments on expediting criminal cases against lawmakers have been made by a full bench of three judges.

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