Senior Advocate Vijay Hansaria On Corruption In Politics: Should Convicted MPs And MLAs Be Disqualified For Life?
Senior Advocate Vijay Hansaria speaks about the On "Corruption In Politics: Should Convicted MP/MLAs Be Disqualified For Life?" in an interview with Ananya Singh.
Mr. Hansaria highlights how the rise of criminalisation in politics affects the functioning of our democracy. Being an amicus curiae to the Supreme Court of India in the pending Public Interest Litigation regarding expeditious trial of criminal cases against Members of Parliament and Members of Legislative Assemblies and their permanent disqualification upon conviction, he elaborates why it is necessary to impose a life ban on politicians upon conviction.
Mr. Hansaria said, "We have more than 5,000 criminal cases against politicians and we have 4778 legislators in the country...criminalisation is all pervasive in our democratic functioning" while stating that about 40 percent of the legislators have criminal records. Calling the politicians "Public Masters", "Political masters of the country" instead of "Public Servants", he criticised them for belonging to the ruling class, while urging that their actions must be in tune with their duty to serve the people of the nation.
Pitching for the establishment of Special Courts to deal expeditiously with the cases of politicians, Mr. Hansaria also takes us through the Parliamentary Privileges and immunities granted to MPs and MLAs and acquaints us with their pros and cons. He talks about important cases like "Sita Soren vs Union of India", the judgment in which was reserved recently by the Apex Court, and the famous "AR Antulay case". He further demands that the judgment of " PV Narasimha Rao vs State", passed by a 5 judge constitution bench of the Supreme Court, which upheld the immunity to MPs under Article 105(2) of the Constitution of India including the speech or vote made in furtherance of receiving a bribe or illegal gratification for making such speech or casting a particular vote, be overturned, as immunity given to MPs/ MLAs under Articles 105 and 194 does not grant a "license to commit an offence".
Senior Advocate Vijay Hansaria is a well known constitutional expert and started his journey as a lawyer in 1980. In 2002, he was designated as Senior Advocate by the Supreme Court and has held important positions as the Vice President of the Supreme Court Bar Association and Member of the National Legal Service authority. He has authored many books on the Constitution and juvenile justice and is assisting the Supreme Court in a large number of cases as Amicus Curiae. This includes a PIL regarding expeditious trial of criminal cases against MPs and MLAs and their permanent disqualification upon conviction.
The interview is embedded above and can also be viewed here.