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Supreme Court’s Guidelines on Cases Against Lawmakers
Why in News:
- Recently, the Supreme Court issued guidelines for handling cases involving legislators in response to a plea.
Representation of People Act (RPA), 1951 Purpose: The RPA regulates elections to India’s parliament and state legislatures. Key Sections: Section 8 deals with disqualifying legislators convicted of certain offenses. Section 8(3) disqualified individuals sentenced to two or more years in prison for six years after their release. |
Supreme Court’s Guidelines:
- Special Benches: High courts are instructed to form special benches to monitor criminal cases against lawmakers.
- Case Prioritization: Cases involving potential death or life imprisonment sentences, or those with minimum five-year sentences, should be prioritized.
- High Court’s Role: High courts are responsible for creating effective measures to manage these cases and can involve the Principal District and Sessions Judge in case allocation. High courts have the power to issue orders and directions for effective case disposal.
- Flexible Hearing Approach: Cases can be heard by chief justices or designated benches and listed regularly. Assistance from advocate generals or prosecutors may be sought.
