The Supreme Court has issued a directive to high courts, emphasizing the establishment of dedicated benches to oversee the swift resolution of cases involving lawmakers, recognizing their significant impact on our political democracy.
In response to the alarmingly high backlog of such cases, the Supreme Court has issued a series of instructions to high courts, district judges, and special courts responsible for handling matters related to lawmakers. The court has stressed that criminal cases concerning members of Parliament, legislative assemblies, and legislative councils should receive top priority, with trials only being adjourned in exceptional and compelling circumstances.
As of November 2022, India had a staggering 5,175 pending cases against Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs). Of these, 2,116 cases (42%) had been pending for over five years. The Supreme Court has underlined the direct impact of these cases on the nation’s political democracy, emphasizing the urgent need to ensure their expeditious resolution.
In an effort to expedite these cases, each Chief Justice of a high court has been directed to initiate suo motu proceedings to monitor the prompt disposal of criminal cases involving lawmakers. While the Supreme Court acknowledged the existence of various local factors preventing the formulation of uniform trial guidelines nationwide, it has entrusted high courts with the responsibility of ensuring swift trials. Special courts handling these cases are discouraged from adjourning proceedings, except under rare and compelling circumstances, and high courts have been granted the authority to seek regular updates on these cases from the principal district and sessions judge.
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