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Criminal Cases against MPs and MLAs

Santhosh Kumar 11/11/2023

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

Tags: 11.11.2023, Newsbits

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