Taking a step towards electoral reforms, the Supreme Court asked the government to frame a central scheme for setting up special courts across the country to exclusively try criminal cases involving ‘political persons.’
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There are around 1581 criminal cases pending against MPs and MLAs at the time of the 2014 elections.
In the current 16th Lok Sabha one third members have been registered with criminal cases.
As per Representation of People Act 1951, if a elected representative is convicted of any criminal offence and sentenced to imprisonment for not less than 2 years shall be disqualified from the date of such conviction and shall be continue to disqualified for further period of 6 years since the representative release.
In 2013 Lilly Thomas case verdict, Supreme Court held that legislators will incur immediate disqualification on conviction. It struck down a provision for an appeal against their conviction within 90 days.
In 2014 Public India Foundation case, Supreme Court ruled that criminal trials, especially those dealing with corruption and heinous offences, involving elected representative should be completed in a year. Thus putting a deadline on the trial process.