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An affidavit by amicus curiae Vijay Hansaria told the Supreme Court that 4,192 criminal cases against sitting and former MPs and MLAs were pending as of July 2026.
The data was filed in the long-running public interest litigation of Ashwini Upadhyay seeking speedy trials of legislators, in which the Court had ordered dedicated special courts in 2017.
251 of 543 Lok Sabha members and 75 of 233 Rajya Sabha members have declared criminal cases; 14 of 28 Chief Ministers face criminal charges.
Special courts disposed of 1,243 cases in 2025 but 1,050 fresh cases were registered, so the backlog barely moves; Uttar Pradesh alone has 1,171 pending trials.
The Law Commission of India, in its 170th Report on reform of electoral laws, recommends disqualification on the framing of charges for serious offences
In Lily Thomas v. Union of India the Supreme Court strikes down Section 8(4) of the Representation of the People Act, 1951, ending the protection that let convicted legislators keep their seats while appealing
The Supreme Court, in the Ashwini Kumar Upadhyay matter, directs the setting up of dedicated fast-track courts to try cases against MPs and MLAs
The Court directs High Courts to constitute special benches to monitor the progress of these trials
The amicus curiae's affidavit reports 4,192 cases still pending as of July 2026, with disposals almost cancelled out by fresh filings
A person convicted of an offence and sentenced to imprisonment of two years or more is disqualified from the date of conviction and for a further six years after release. Disqualification therefore follows CONVICTION, not the framing of charges - which is why an undecided trial leaves a legislator fully eligible.
Struck down Section 8(4) of the 1951 Act, which had allowed a convicted sitting legislator to remain in office while an appeal was pending. Disqualification now operates immediately on conviction.
Recommended disqualification from contesting elections at the stage of FRAMING OF CHARGES for serious offences - the reform still under debate, because trials outlast terms of office.
The High Court's inherent power, under which accused legislators seek quashing of charges or stays on trial proceedings - a route the amicus reports as a major source of delay.
A lawyer appointed by the court to assist it impartially rather than to represent a party; here senior advocate Vijay Hansaria, who files periodic status reports on legislators' trials
The organisation that analyses candidates' election affidavits, the source of the declared-criminal-case figures for sitting members
Constitutional body under Article 324 that conducts elections and records the affidavits in which candidates declare pending criminal cases
GS Paper II > Salient features of the Representation of People's Act; Structure and functioning of the Judiciary; Electoral reforms
General Awareness > Indian polity and recent judgments
General Awareness > Current affairs and polity
Literally 'friend of the court' - counsel appointed to assist the court impartially on a question, rather than to argue for a party
The stage at which a court formally settles the accusations an accused must answer; trial follows it, and it is the stage at which the Law Commission proposed disqualification should begin
In ADR's classification, offences punishable with imprisonment of five years or more, among other non-bailable and electoral offences
Powers under Section 528 of the BNSS, 2023 (formerly Section 482 CrPC) to quash proceedings or pass orders to secure the ends of justice