The Supreme Court is set to look into a law that lets politicians who’ve been convicted of crimes return to political life six years after completing their sentences. This raises questions because government workers found guilty of crimes are banned from holding any position for life, which seems unfair.
The focus of this issue comes from a public interest litigation (PIL) by a lawyer named Ashwini Kumar Upadhyay. He argues that two parts of the Representation of People Act, 1951, are not fair. Section 8 says that state assembly or Parliament members can’t run for elections for six years after finishing their sentences for certain crimes. If someone is convicted of a crime that carries a punishment of two years or more, they are also out of the election game. On the other hand, Section 9 says that government employees dismissed for corruption or not being loyal to the state can only be banned for five years.
The court is worried because cases of politicians with criminal backgrounds are on the rise, despite its earlier efforts to tackle this problem. According to a report shared with the court, 46% of current Members of Parliament (MPs) have criminal charges against them, with serious crimes like murder and rape included. Back in 2004, only 24% of MPs had criminal records. The concerns are that not much has changed in dealing with these cases, and numerous cases remain pending.
As of January 1, 2025, there were over 4,700 pending criminal cases against politicians, including many that have sat unresolved for more than ten years. The court had previously ordered that trials for politicians with serious charges be completed quickly, but many are delayed because of various reasons, including long adjournments and difficulties in getting witnesses to court.
Last November, the court ordered that dedicated special benches be set up in every state to help speed up these trials. However, not all states have special courts that deal only with these cases, leading to more delays.
The court wants to make sure that there’s more clarity and tracking of cases against politicians, so the public knows what’s going on. It’s vital for political parties to make sure that people with criminal backgrounds do not get into politics. Until then, it is up to the courts to ensure justice is served, sooner rather than later.
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