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Criminal Cases against MPs and MLAs

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Santhosh Kumar 11/11/2023
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Criminal Cases against MPs and MLAs mind map Context Supreme Court directions Speedy disposal of cases Against MPs and MLAs Source: ET SC issued guidelines Case background Challenging Section 8(3) Representation of People Act, 1951 Six-year ban For convicted individuals Offences with two-year minimum sentence Ban from contesting elections SC guidelines Registration of Suo motu cases Chief justices From high courts Initiate for speedy resolution Involving lawmakers Special Bench Chief Justice-led Hear cases against MPs/MLAs Priority in Designated Courts Designated courts prioritize Cases against MPs/MLAs 1. Death or life imprisonment cases 2. Imprisonment 5 years or more Trial Court Adjournments No adjournments Except rare and compelling reasons District judges ensure Infrastructure Technological facilities For special courts Monitoring Measures High Courts develop Effective monitoring measures Use powers under Article 227 Over courts and tribunals In HC jurisdiction Status of Criminal cases Post 2019 Lok Sabha elections 43% MPs With pending criminal cases By December 2021 Close to 5,000 cases Current and former MLAs and MPs Various Judgments Against Criminalization of Politics Public Interest Foundation v. Union of India (2019) SC mandated Political parties publish Candidates' criminal records On websites, social media, newspapers Election Commission of India Create dissemination framework Manoj Narula v. Union of India (2014) Delhi High Court held Person charged with crime Not disqualified from elections Political parties cautioned Against fielding criminal candidates Lily Thomas v. Union of India (2013) SC ruled Convicted MPs, MLAs Disqualified if sentenced two years or more Can't contest elections or hold office Pending appeal Association for Democratic Reforms v. Union of India (2002) SC instructed Election Commission of India Issue guidelines Prevent tickets to criminal candidates Candidates disclose Criminal history in nomination papers

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Categories: Corruption, Legislature/Parliament
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