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Ashwini Kumar Upadhyay vs. Union of India & Anr.

Not available · 2023 INSC 991Decided 9 Nov 2023
Not available
Dr. D.Y. Chandrachud · Pamidighantam Sri Narasimha · Manoj Misra

Background

This long-running public interest litigation, filed in 2016, sought the expeditious disposal of pending criminal cases against sitting and former Members of Parliament and state Legislative Assemblies, as well as a challenge to the constitutional validity of Section 8 of the Representation of the People Act, 1951. Over several years, the Supreme Court monitored the issue, calling for data from High Courts and State Governments, considering (and ultimately not adopting) a proposal for dedicated special courts, and appointing a senior advocate as amicus curiae to assist. By November 2022, data showed 5,175 such cases were pending nationwide, with over 40% pending for more than five years.

Decision Breakdown

The Court found wide variation between states and even between districts in judicial infrastructure, case pendency, and the pace of disposal, making a single uniform nationwide directive impractical. It therefore left it to the Chief Justices of each High Court, who have constitutional supervisory power over the district judiciary, to design and implement the most suitable local measures. The Court directed each High Court to register a dedicated suo motu case to monitor these prosecutions, prioritise cases involving offences punishable by death/life imprisonment or five-plus years' imprisonment, prioritise sitting over former legislators, avoid unnecessary adjournments, ensure witness protection, and publish district-wise pendency data online. The writ petition was disposed of on this first prayer, with the second prayer (validity of Section 8 of the RP Act) left for separate hearing.

Lesson Learnt

Speedy trial of criminal cases against elected representatives is treated by the Supreme Court as directly affecting public trust in democracy, but given wide disparities across India's court systems, the Court chose to empower High Courts to tailor local solutions rather than impose one rigid nationwide rule.

Official source (sci.gov.in)View Judgment (PDF)

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