Life Ban On Convicted MP/MLAs : Necessary To Hear Issue At Length, Says Supreme Court

The Supreme Court on Wednesday observed that the issue of MPs and MLAs being debarred for life from contesting any election for membership of Parliament or State Legislature is necessary to be heard at length.

A Bench comprising CJI Ramana, Justice Chandrachud and Justice Surya Kant stressed the far-reaching ramifications and consequences of the issue and observed that all stakeholders need to be given an opportunity to be heard

"Since the vexed question has far-reaching ramifications and consequences, we deem it necessary to hear the matter at length on an appropriate date, after giving an opportunity to all the stakeholders." the Bench said.

The observations have been made in response to Senior Advocate Vikas Singh's contention that if an MP/Ex-MP or MLA/Ex-MLA has been convicted for a criminal offence, such person should be disqualified for membership of Parliament or State Legislature.

Further, the person must be debarred for his/her entire life to contest any election for membership of Parliament or State Legislature.

The Special Bench was hearing a plea filed regarding pendency of criminal cases against MPs & MLAs and expeditious disposal of the same by setting up of Special Courts.

During the hearing, the bench observed that it is a matter for the Parliament to decide.

Also from the order :

For Speedy Trial Of Cases Against MPs/MLAs, Special/CBI Courts Need To Be Set Up In Different Parts Of The State Where More Than 100 Cases Are Pending : Supreme Court

No Priority For MPs/MLAs In Hearing Of Criminal Appeals : Supreme Court Clarifies

Case Title: Ashwini Kumar Upadhyay & Ors vs Union of India & Ors

Click here to read/download the order