The lawmakers are expected to be of high caliber, impeccable character, total integrity, and unsullied reputation

Parliament and the State Legislative Assemblies are the sanctum sanctorum of Centre and the States where people’s elected representatives frame new laws or enact amendments thereto within the framework of constitution. The way business is conducted in these houses has a demonstrative effect on the people watching or hearing the proceedings. While everyone is required to respect laws, lawmakers are expected to be more obedient than others. Legislators are not to assume or hijack powers to themselves and bounce back on the voters who in essence empowered them. Scenes of ruckus, hullabaloo, improprieties and scuffle in the legislative houses, where dissent too is to be accommodated respectfully, do not augur well. It reflects adversely on the collective behavior of a state or a country.

A tainted representation can take foul decisions and for any right ones there may be fewer takers. The lawmakers are expected to be of high caliber, impeccable character, beyond doubt integrity, unsullied reputation and undisputed loyalty which serve as exordium to the augustness of these houses. It was, however, harrowing to know on 10/2/2025 that nearly 5,000 cases were pending against the sitting and the former members of Parliament and the State Legislative Assemblies. Viewing the magnitude and pendency of the cases, the Hon’ble Supreme Court of India was requested to issue directions for the speedy disposal of these cases. The mounted pendency was attributed to inadequate attention by the sub-ordinate judiciary.

In this connection a senior Advocate Mr. Vijay Hansaria appointed as amicus curiae by the apex court in an affidavit said, “ It is submitted that despite orders by this court from time to time and monitoring by the high court, a large number of cases are pending against the MPs and the MLAs which is a scar on the democratic setup of our country. The pendency of large number of cases, some of these for decades, shows that the legislatures have great influence on the investigation and/or trial of cases against them, and the trial is not allowed to be concluded.” Quoting report by the Association of Democratic Reforms-a poll rights body, Mr Hansaria told that out of 543 members in the Lok Sabha, 251 have criminal cases against them, of which 170 are serious criminal cases punishable with five years of imprisonment.

Among various reasons for delay in the disposal of the cases Mr. Hansaria counted that Special Courts for MPs/MLAs undertake regular court work and the trial against MPs/MLAs as only one of the many assignments of these courts ( except in few states), prosecution not taking effective steps for the presence of the witnesses in the court on the specified dates and trial courts being liberal in granting adjournments despite direction of the Supreme Court that trial courts should not adjourn cases except for the rare and compelling reasons.

The affidavit further said, “It is submitted that the orders passed by the high courts in the suo-motu writ petition shows that there is no substantial progress in the trial of cases. It is thus necessary that this court may pass further direction to ensure expeditors disposal of cases against MPs/MLAs.” Right to information being a part of freedom of speech and expression guaranteed under Article 19(1) (a) of the Constitution includes the right of citizens to know the progress of trial of cases against law makers. The court has repeatedly held that voters are entitled to know about the criminal antecedents of the lawmakers which would include progress of the trial and the reasons for delay. Mr. Hansaria said, “Such information can be gathered only if there is a prominent tab on the website of the high court furnishing all the information . This court has repeatedly held that the voters are entitled to know about the criminal antecedents of the lawmakers which would include the process of the trial and the reasons for delay. It is submitted that the particulars are not easily accessible on the website of the high court. There is no uniformity of the website and the citizens are not able to view the details of the pending cases. Further in none of the websites, the orders of the Special MP/MLA court are uploaded.”

If genuine orders of the rightful competent authority are violated or ignored the greater good is risked. Things are to be priortised in taking up and implementation so that the most needed are not back seated only to delve into perilous pendency. Mr. Hansaria requested for direction from the court that the Special MP/MLA courts will exclusively conduct trial against MPs/MLAs. When the trial of these cases was concluded other cases should be taken up. “The Principal District and Session Judges of all the districts will allocate regular court work to the Special MP/MLA court only when the trial of cases against MPs/MLAs are concluded,” he submitted. He sought further direction to the effect that Special MP/MLA courts shall conduct trial of all cases pending for more than three years on daily basis in terms of Section 346 of the Bharatiya Nagrik Suraksha Sanhita. With all its merits and demerits democracy, nowadays, is supposed to be the better alternative form of government careful of people and the country.

People, under the Representation of the People Act,1951, elect their representatives hoping them the best to serve the masses best. However, where lawmakers turn lawbreakers and masses fear the officials, it is bye-bye. Conviction leads to disqualification of a member for six years under Section 8 of the said Act. No country can prosper where officials serve politicians and power instead of principles. Prosperity and morality in governance depend on fearless application of law irrespective of who sits in power. A judiciary or any adjudicating authority that bends to political power or their individual faith rather than standing firm on the letter & spirit of law paves way for problems graver than assume solved. Where power serves powerful democracy erodes, prosperity evades and morality degrades plunging country into chaos. Politics must be decriminalized and the exercise should not be half baked. The spirit of Constitution and the requirements of country enjoin upon the helmsmen that all pending cases should be disposed of expeditiously in a manner that neither innocence suffers nor crime escapes.