THE issue of criminalisation creeping into our Indian polity has been a topic of debate for a long time. While dealing with a public interest litigation seeking a lifetime ban on convicted politicians from contesting elections, the top court recently directed High Courts across the country to file an affidavit indicating the number of criminal cases pending against MPs and MLAs for a period in excess of five years.
BJP leader and Advocate Ashwini Kumar Upadhyay approached the top court in 2016, seeking a ban for life on politicians contesting elections following conviction in criminal cases by declaring Section 8 of the Representation of the People Act, 1951 as ultra vires of the Constitution. He also sought expeditious trial of cases pending against tainted politicians as well as setting up of Special Courts to try cases against MPs and MLAs.
Section 8 of the Representation of the People Act, 1951, provides for disqualification from contesting elections for a period of six years to persons who have been convicted for not less than two years or fined under any of the offences specified in the Section.
The apex court bench, comprising Justices DY Chandrachud and Hima Kohli on October 10 also asked High Courts to indicate the number of judges allocated to conduct trials in such cases, the case load per judge and the steps taken to ensure expeditious conclusion of trials in these cases.
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