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3) SC's Rulings
In 2013, the court removed the statutory protection for convicted legislators from immediate
disqualification
In 2014, it directed completion of trials involving elected representatives within a year.
The latest order marks another milestone in the higher judiciary’s continuing campaign to cleanse
politics of the stain of crime.
4) Criticism
Creating a court for a class of people such as politicians is discriminatory as it violates Right to
Equality.
Earlier order for completion of trial within one year appears to have had no significant impact.
The ideal remedy will always be a speedy trial in regular courts.
If enough courts, judges, prosecutors and investigators are available, the special courts may not be
needed at all.
5) Way Forward
Centre should fund the setting up of the special courts so that states are spared the burden of
finding resources.
There are large pool of retired judges of experience and integrity and the government can choose
from them.
The prosecutors who are not attached to any political party is the need of the hour.
A directorate of prosecution headed by a retired senior judge who chooses prosecutors must
address this aspect.
Filing of multifarious interim applications by the political leaders which hinder the progress of trial
needs to be avoided.
The Finance Minister can devise a ‘Swachh Politics Bharat Bond’ to create the infrastructure and
staffing for the special courts.
Political parties must discourage fielding candidates with criminal and corruption charges pending
against them.