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Criminals as Lawmakers: Special courts to try criminal cases pending against MPs, MLAs

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8 years ago

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Criminals as Lawmakers: Special courts to try criminal cases pending against MPs, MLAs

In a case seeking ban on law breakers becoming law makers, the Centre told the Supreme Court on Tuesday, Dec 12, that it will set up twelve special courts to speed up disposal of criminal cases pending against MPs and MLAs in the country.

However, the government, which is opposed to a lifetime ban on convicted persons becoming MLAs or MPs, in its affidavit to the Supreme Court, put the number of cases pending against lawmakers as 1,581 – which does not match the numbers mentioned in the petition before the court. This was the number of MPs and MLAs against whom criminal cases were pending, according to the petition. With several of them involved in multiple cases, the number of cases, as per the petition being heard by the Supreme Court, was over 13,500.

In a two-page affidavit, additional secretary in Ministry of Law and Justice Reeta Vasishta told the SC that the scheme envisages the constitution of the courts for a period of one year. The courts will try the cases against the law makers mentioned by candidates in their poll affidavits in 2014 when elections were held to Lok Sabha and eight state assemblies, said the affidavit.

Vasishta added that the ministry of finance has approved Rs 7.8 crore for the special courts.

While the government’s affidavit in the Supreme Court put the number of cases at 1,581 which 12 fast track courts would dispose of with ease within a year, the number of criminal cases is more than 13,680 as of 2014 and 1,581 is the number of MPs and MLAs facing prosecution, as per the petitioner Ashwini Upadhyay. Several tainted lawmakers face multiple cases. Upadhyay said “we need 100 special courts, not 12 courts.”

“The figure of 1,581 cases has been obtained from an NGO. However, the data as to in which courts the said cases are pending is not available with the NGO. Since the details as to in which courts the cases are pending is not available, it is difficult to gather facts and figures for answering the query of the court (on number of cases filed against lawmakers after 2014). The government has initiated action by seeking to collect the requisite details from the respective state governments,” the Centre said in its affidavit.

A Supreme Court bench comprising Justices Ranjan Gogoi and Navin Sinha is hearing a petition filed by advocate Ashwini Upadhyay seeking a lifetime ban on convicted persons from legislatures and Parliament. At present, a lawmaker guilty of a criminal offence punishable by two years or more in jail immediately loses the membership of Parliament or state assemblies. Under the court’s 2013 judgment, a convicted politician is also barred from contesting elections for six years from the date the sentence ends.

On November 1 this year the SC had directed the government to come up with scheme to set up special courts for speedy trial of lawmakers facing criminal charges. It is hearing a private litigation filed by advocate Ashwini Upadhyaya seeking a life-time bar on contesting elections for convicted politicians.

The suggestion for a central scheme was made after Election Commission of India (ECI) backed it and said it would go a long way in cleansing Indian politics. The government was reminded of an earlier top court order that fixed a time limit of one year for the trial courts to dispose of cases against politicians.

The Centre in its affidavit said that under the scheme, two courts would exclusively hear 184 cases pending against Lok Sabha members. Bihar would have just one court to deal with 141 cases involving MLAs as will Maharashtra to try 160 cases against its legislators.

There would be one special court in Uttar Pradesh to decide 160 such criminal cases. Similarly, one in West Bengal, where 107 MLAs are facing cases, one in Kerala that has 87 cases pending against MLAs and one in Telangana, with 67 cases awaiting final decisions, would be set-up.

Twenty-one states, including Gujarat (54 cases), Jharkhand (52 cases) and Orissa (52), will not have such courts. There will not be any special judicial forum to hear the cases of 44 Rajya Sabha MPs and the government affidavit is silent on which court will hear them.

During the November 1 hearing, the court had asked the Centre to apprise it on how many of the “1,581 criminal cases” pending against MPs and MLAs, “as declared at the time of filing of nomination papers for the 2014 elections”, were disposed of within a year as directed, how many had ended in acquittal or conviction, and whether any further criminal case had been filed against an MP or MLA after 2014.

Responding to this, the affidavit said: “There is no agency within the government collecting such data. Though the Centre had written to the Election Commission on this, the poll body also expressed its inability to provide the data.”

The EC had told the Centre, said that the figure in the petition was apparently taken by the petitioner from a report compiled by the NGO Association for Democratic Reforms (ADR). The EC subsequently contacted the NGO, which said “the present figure is 1,571 not 1,581” and “this may be due to death/ resignation/ vacant seats etc.”

The ADR did not have information regarding the courts these cases were pending in, said the government. The Centre has contacted the states and written to their chief secretaries, secretaries of state legislatures and secretary general of Lok Sabha and Rajya Sabha for the information. The government is also in touch with the various high courts, in case the data is available with them, said the affidavit.

The apex court will consider the government’s proposal when it hears the matter on December 14.

The government, which has already opposed the life ban as demanded by the petitioner, said the recommendations of the poll panel and the law commission were under “active consideration”, said media reports.

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Amit Shah counters delimitation concerns, says southern states to gain Lok Sabha seats

Amit Shah assures Parliament that southern states will gain Lok Sabha seats after delimitation, countering opposition criticism during the women’s reservation debate.

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55 mins ago

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April 16, 2026

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Amit Shah

Union Home Minister Amit Shah on Thursday addressed concerns over the proposed delimitation exercise, asserting in the Lok Sabha that southern states will not lose representation but instead see an increase in their number of seats.

His remarks came during a heated debate linked to the implementation of women’s reservation, where opposition parties have raised fears that population-based delimitation could reduce the political weight of southern states.

Shah rejected these claims, calling them misleading, and said the proposed framework ensures fairness while expanding the overall strength of the Lok Sabha.

Seat count to rise with expansion of Lok Sabha

The government has indicated that the total number of Lok Sabha seats could increase significantly as part of the delimitation process. In this expanded House, the combined representation of southern states is expected to rise from 129 seats at present to around 195 seats.

Shah emphasised that no state will lose seats in absolute terms, and the exercise is designed to reflect population changes while maintaining balance across regions.

State-wise projections shared in Parliament

During his address, Shah also provided indicative figures for individual southern states, suggesting notable increases in representation. According to the projections:

  • Tamil Nadu could see its seats rise substantially
  • Kerala, Telangana, and Andhra Pradesh are also expected to gain additional seats
  • Karnataka’s representation may increase as well

These figures were presented to counter the argument that delimitation would disproportionately favour northern states.

Political debate intensifies over linkage with women’s quota

The delimitation exercise has been closely linked to the rollout of women’s reservation, which proposes one-third seats for women in Parliament and state assemblies.

Opposition leaders have questioned this linkage, arguing that tying reservation to delimitation could delay its implementation and raise federal concerns. Some leaders have also warned that the move could impact national unity if apprehensions among states are not addressed.

The government, however, maintains that the reforms are necessary to ensure equitable representation and to align the electoral system with demographic realities.

Centre dismisses ‘false narrative’ on southern states

Shah reiterated that concerns about southern states losing influence are unfounded. He said the delimitation process will increase representation across regions and described the criticism as a “false narrative” aimed at creating confusion.

The issue is expected to remain a key flashpoint as Parliament continues discussions on the women’s reservation framework and related legislative changes.

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PM Modi assures no discrimination in women’s quota, delimitation debate intensifies in Parliament

PM Narendra Modi has assured that women’s reservation will be implemented without discrimination, amid a heated debate over delimitation in Parliament.

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8 hours ago

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April 16, 2026

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PM modi

Prime Minister Narendra Modi has assured that there will be no discrimination in the implementation of women’s reservation, as Parliament witnessed a sharp debate over the proposed linkage between the quota and delimitation exercise.

During the ongoing special session, the government reiterated its commitment to ensuring fair representation while addressing concerns raised by opposition parties regarding the timing and structure of the legislation.

The proposed framework aims to reserve 33 percent of seats for women in the Lok Sabha and state assemblies. However, its implementation is tied to a fresh delimitation exercise, which is expected after the next census.

Opposition questions timing and intent

Opposition leaders have raised concerns that linking the women’s quota to delimitation could delay its implementation. They argue that the process of redrawing constituencies may push the actual rollout further into the future.

The issue has triggered a broader political confrontation, with multiple parties questioning whether the move could alter representation across states.

Some critics have also alleged that the delimitation exercise could disproportionately benefit certain regions based on population, a charge the government has rejected.

Government reiterates commitment to fair implementation

Responding to these concerns, the Centre has maintained that the reforms are necessary to ensure accurate and updated representation based on population data.

Leaders from the ruling side have repeatedly emphasized that the process will be carried out transparently and without bias. The assurance that there will be “no discrimination” is aimed at addressing fears among states and opposition parties.

The debate marks a key moment in Parliament, with both sides engaging in intense exchanges over one of the most significant electoral reforms in recent years.

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Give all tickets to Muslim women, Amit Shah says, attacking Akhilesh Yadav on sub-quota demand

A sharp exchange between Amit Shah and Akhilesh Yadav in Parliament over sub-quota for Muslim women highlights key divisions on women’s reservation implementation.

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10 hours ago

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April 16, 2026

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A heated exchange broke out in Parliament during discussions on the women’s reservation framework, with Union Home Minister Amit Shah and Samajwadi Party chief Akhilesh Yadav locking horns over the demand for a sub-quota for Muslim women.

The debate unfolded as the government pushed forward key legislative measures to implement 33% reservation for women in the Lok Sabha and state assemblies.

Akhilesh Yadav argued that the proposed reservation must ensure representation for women from marginalised communities, including Other Backward Classes (OBCs) and Muslim women. He said that without such provisions, large sections could remain excluded from political participation.

He also questioned the timing of the bill, alleging that the Centre was avoiding a caste census. According to him, a census would lead to renewed demands for caste-based reservations, which the government is reluctant to address.

Government rejects religion-based quota

Responding to the demand, Amit Shah made it clear that reservation based on religion is not permitted under the Constitution.

He stated that any proposal to provide quota to Muslims on religious grounds would be unconstitutional, firmly rejecting the idea of a separate sub-quota for Muslim women within the broader reservation framework.

The government has maintained that the existing framework already includes provisions for Scheduled Castes (SC) and Scheduled Tribes (ST) women within the overall reservation structure.

Wider political divide over implementation

The issue of sub-categorisation within the women’s quota has emerged as a major flashpoint, even as most opposition parties broadly support the idea of women’s reservation.

Samajwadi Party leaders reiterated that their support for the bill depends on inclusion of OBC and minority women, while the government continues to defend its constitutional position.

The debate is part of a broader discussion during the special Parliament session, where multiple bills linked to delimitation and implementation of the women’s quota are being taken up.

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