Supreme Court Questions Convicted Lawmakers Returning to Parliament and Legislatures

WHAT HAS HAPPENED?

On February 10, 2025, the Supreme Court of India raised concerns regarding convicted individuals returning to Parliament and State Legislatures, highlighting a potential conflict of interest. Justice Dipankar Datta, leading a Bench alongside Justice Manmohan, questioned how individuals found guilty of breaking the law could be allowed to return as lawmakers. The court is hearing petitions, including one filed by advocate Ashwini Kumar Upadhyay, which seeks a lifetime ban on convicted persons from contesting elections.

GOVERNMENT'S STANCE

In response to the petitions, the Ministry of Law and Justice filed an affidavit in December 2020, rejecting the idea of a lifetime ban on convicted individuals participating in elections or holding office in political parties. The government argued that the disqualification under Section 8 of the Representation of the People Act of 1951 — lasting for the duration of the prison sentence and six years thereafter — was sufficient. The Ministry emphasized that Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) were not bound by specific service conditions but by their oath to serve citizens, the country, and the nation's best interests.

In 2024, the Centre cited a Constitution Bench decision from the Public Interest Foundation case (2019), which acknowledged the issue of criminalization in politics but emphasized that courts cannot create laws.

ISSUES RAISED BY AMICUS CURIAE

Senior Advocate Vijay Hansaria, along with advocate Sneha Kalita, raised concerns about the 5,000 criminal cases still pending against MPs and MLAs, despite repeated Supreme Court directions to expedite their disposal. Hansaria pointed out that 42% of sitting Lok Sabha members face criminal charges, with some cases pending for over 30 years. This situation, he argued, was a matter of shame.

COURT’S OBSERVATION

Justice Manmohan pointed out that convicted individuals might maintain political power through proxies, raising further concerns about the integrity of the system. The judge emphasized that the issue of decriminalization of politics should not be approached in a half-baked manner. A thorough examination was necessary to ensure any judgment on the matter would have lasting impact.

COURT'S DIRECTION

The Bench referred the issue of expeditious disposal of criminal cases against MPs and MLAs to Chief Justice Sanjiv Khanna, recommending that it be placed before an appropriate Bench for further deliberation. The court also decided to take up the issue regarding the validity of certain provisions in the Representation of the People Act, particularly Section 8. The Supreme Court has directed the Centre and the Election Commission of India to file their responses on the matter.