Special Court for MPs and MLAs

Special Court for MPs and MLAs

Subject – Polity

Context – Will examine validity of special courts for MPs, MLAs, says SC

Concept –

• In 2017, the Supreme Court had ordered that special courts be set up across the country to fast-track the long-pending trials of lawmakers.
• Following this, 12 special courts were set up across 11 States exclusively to try sitting MPs and MLAs.
• The special court in each State has jurisdiction over the entire State while the two in Delhi cover cases within the precincts of Delhi or “partly Delhi”.

Reservation of the Committee of the Madras High Court –

• It has questioned the constitutional validity of setting up Special Courts to exclusively try MPs and MLAs for various crimes.
• Special Courts can only be constituted by a statute and not by executive or judiciary.
• The Special Courts should be “offence-centric” and not “offender-centric.”

What are the issues associated with the special courts?

• Special courts deprive the accused of their right to a rung of appeal. If the case of an MLA or MP whose offence can be tried by a magistrate is directly placed before a special court, the accused would lose his right to defend his case before a magistrate and also is stripped of his right to make his first appeal before a sessions court.

Note – Section 8 of the Representation of the People Act, 1951, bans convicted politicians (for certain offences) from contesting. However, those facing trial, no matter how serious the charges, are free to contest.