Home India Ministry of Law and Justice Parliament Question: Functioning of MP/MLA Courts...
Date: 2025-08-08 Category: Not Applicable State: Union Government Country: India

Parliament Question: Functioning of MP/MLA Courts

Issued by Ministry of Law and Justice · Not Applicable

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Executive Summary & Key Takeaways

Executive Summary: This document addresses Lok Sabha Unstarred Question No. 3272 regarding the functioning of MPMLA courts across India. It provides details on the establishment, operation, and funding of these courts, including state-wise specifics and case statistics, as of 30.06.2025, with some data until 31.07.2025. It also outlines government efforts to expedite case resolution. Key Points / Main Content: * **Establishment and Functioning of MPMLA Courts:** * Initially, 12 special courts were established in 11 states and NCT of Delhi, following Supreme Court orders from November 1, 2017, and December 14, 2017, to expedite criminal cases involving MPs/MLAs. * As of June 30, 2025, 10 special courts were functional in 9 states after the discontinuation of special courts in Bihar and Kerala on December 4, 2018, as per the Supreme Court's direction. * States also operate additional MPMLA courts. Andhra Pradesh has one special court in Vijayawada with statewide jurisdiction. * **Case Statistics (Statewide):** * Annexure I provides state/UT-wise details of the special MPMLA courts, including cases registered, disposed of, and pending as of June 30, 2025. * Andhra Pradesh (Vijayawada court) case statistics over the past five years are detailed, with 19 cases pending as of July 31, 2025. * **Vacancies in MPMLA Courts:** * Filling judicial officer vacancies in MPMLA courts is the responsibility of the respective state/UT governments and High Courts, following constitutional framework and Supreme Court timelines (Malik Mazhar Sultan case). * **Funding for MPMLA Courts:** * The Central Government provides funding of Rs. 65.00 lakh per court per annum for the 10 special MPMLA courts. * Annexure II provides state/UT-wise details of funds released. * **Efforts to Increase Case Resolution Speed:** * The disposal of cases is within the judiciary's domain. * The Central Government supports expeditious disposal through the National Mission for Justice Delivery and Legal Reforms (established in 2011) and the eCourts project (Phase III from 2023-2027). Impact Analysis: **State/UT Governments and High Courts:** * *Impact:* Responsible for filling judicial officer vacancies in MPMLA courts. * *Action Required:* Follow constitutional framework and Supreme Court timelines for judicial officer appointments. Request and utilize central government funds for the 10 special MPMLA courts. **Judiciary:** * *Impact:* Responsible for the timely disposal of cases in MPMLA courts. * *Action Required:* Utilize available resources and infrastructure (e.g., eCourts project) to expedite case resolution. **Central Government (Ministry of Law and Justice):** * *Impact:* Facilitates an ecosystem for expeditious case disposal and provides funding for special MPMLA courts. * *Action Required:* Continue implementing the National Mission for Justice Delivery and Legal Reforms and the eCourts project. Release funds to State/UT governments upon request for the functional MPMLA courts.

Key Entities Referenced

MPMLA Courts: Special courts established for expeditious trial and disposal of criminal cases involving elected Members of Parliament (MPs) and Members of Legislative Assembly (MLAs). Andhra Pradesh: A state in India where the functioning, cases, vacancies, and funding of MPMLA courts are specifically inquired about in the policy document. Supreme Court: The apex court of India, whose orders on November 1, 2017, and December 14, 2017, directed the establishment of special courts for MPs and MLAs. Ashwini Kumar Upadhyay vs Union of India: The name of the Writ Petition (Civil No. 699/2016) in which the Supreme Court ordered the establishment of special courts for MPs and MLAs. National Mission for Justice Delivery and Legal Reforms: An initiative established in 2011 with the objectives of increasing access to justice, reducing delays in the judicial system, and enhancing accountability. eCourts Project: An integrated Mission Mode Project for the Information and Communication Technology (ICT) development of the Indian Judiciary as part of the National eGovernance Plan. Telangana: A state in India where Special Courts are established for expeditious trial and disposal of criminal cases involving elected MPsMLAs. Vijayawada: A city in Andhra Pradesh where a Special Court has been established for trial of criminal cases relating to MPs and MLAs in the State of Andhra Pradesh.
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GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE LOK SABHA UNSTARRED QUESTION NO. 3272 TO BE ANSWERED ON FRIDAY, THE 08TH AUGUST, 2025 FUNCTIONING OF MP/MLA COURTS 3272. SHRI KRISHNA PRASAD TENNETI: Will the Minister of LAW AND JUSTICE be pleased to state: (a) the details of MP/MLA courts across the country presently functioning, under construction and proposed, State-wise, especially in Andhra Pradesh; (b) the details of cases filed, pending and disposed in MP/MLA courts across the country over the last five years, State-wise, especially in Andhra Pradesh; (c) the details of vacancies in MP/MLA Courts across the country during the said period, State-wise, especially in Andhra Pradesh; (d) the total amount of funding allocated, released and utilised for MP/MLA courts established across the country during the said period, State wise, especially in Andhra Pradesh; and (e) whether the Government has undertaken any steps to increase the speed of case resolution in MP/MLA courts, if so, the details thereof and if not, the reasons therefor? ANSWER MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS (SHRI ARJUN RAM MEGHWAL) (a) & (b): Pursuant to the Hon’ble Supreme Court’s order dated November 1, 2017 and December 14, 2017 in Writ Petition (Civil) No. 699/2016 (Ashwini Kumar Upadhyay vs Union of India & Anr.), the Union Government facilitated the establishment of 12 Special Courts in 11 States (2 in NCT of Delhi and one each in Andhra Pradesh, Telangana, Karnataka, Kerala, Tamil Nadu, Maharashtra, Madhya Pradesh, Uttar Pradesh, Bihar and West Bengal) for expeditious trial and disposal of criminal cases involving elected MPs/MLAs. After discontinuation of the Special Courts of Bihar and Kerala as per the Apex Court's direction dated 04.12.2018, ten (10) such Special Courts were functional in 9 States (As of 30.06.2025). The State/UT-wise details of these 10 special MP/MLA Courts, along with information on cases filed, disposed and pending, are at Annexure-I. In addition to these Special MP/MLA Courts, the States are also running additional MP/MLA Courts. As per information received from the High Court of Andhra Pradesh, one (01) Special Court has been established at Vijayawada for trial of criminal cases relating to MPs and MLAs in the State of Andhra Pradesh, having jurisdiction over the entire State. The details of cases instituted, disposed of and pending in the said MP/MLA court in Andhra Pradesh, over the last five years are as follows: 1Year Cases Instituted Disposed Pending at the end 2020 30 6 126 2021 27 16 137 2022 23 76 84 2023 38 46 76 2024 8 58 26 2025 2 9 19 (as on 31.07.2025) (c): The filling up of vacant positions of the judicial officers in District and Subordinate courts (including MP/MLA Courts) is the responsibility of the State/UT Government and the concerned High Courts. As per the Constitutional framework, in exercise of powers conferred under proviso to Article 309 read with Articles 233 and 234 of the Constitution, the respective State Government in consultation with the High Court frames the rules and regulations regarding the appointment and recruitment of judicial officers. Hon’ble Supreme Court vide order passed in January 2007 in the Malik Mazhar Sultan case, has inter-alia, stipulated certain timelines, which are to be followed by the States and the respective High Courts for recruitment of judges in District and Subordinate Courts. (d): The Central Government funds the 10 MP/MLA Courts established and functioning as per the order of Hon’ble Supreme Court to the extent of Rs.65.00 lakh per court per annum, released on request by the State/UT Government. The State/UT-wise details of funds released for the MP/MLA Courts till date are at Annexure-II. (e): The disposal of pending cases in time bound manner is within the exclusive domain of the judiciary. However, the Central Government is committed towards facilitating an ecosystem for expeditious disposal of cases. To this end, the Government set up the National Mission for Justice Delivery and Legal Reforms in 2011, with the twin objectives of increasing access by reducing delays and arrears in the system and enhancing accountability through structural changes and by setting performance standards and capacities. The Mission has been pursuing a co-ordinated approach for phased liquidation of arrears and pendency in judicial administration, which, inter-alia, involves improved infrastructure for courts including computerization, increase in strength of subordinate judiciary, policy and legislative measures in the areas prone to excessive litigation, re-engineering of court procedure for quick disposal of cases and emphasis on human resource development. The e-Courts project is being implemented as integrated Mission Mode Project for the Information and Communication Technology (ICT) development of the Indian Judiciary as part of the National e-Governance Plan. Under Phase-III of the e-Courts Project (for the period from 2023 to 2027), several steps have been taken to improve the court management processes and digitize the services for the various stakeholders including lawyers, litigants and judges. **** 2Annexure-I State/UT-wise details of the special MP/MLA Courts Cases Cases Functional Sl. Name of the Registered Disposed Pendency as Courts as of No. States/UTs from 2020 to from 2020 to on 30.06.2025 30.06.2025 30.06.2025 30.06.2025 1 Andhra Pradesh* 1 128 211 19 2 Delhi 2 401 404 38 3 Karnataka 1 720 658 91 4 Madhya Pradesh 1 427 733 5 5 Maharashtra 1 680 743 11 6 Tamil Nadu 1 223 361 18 7 Telangana 1 365 439 197 8 Uttar Pradesh 1 2077 1934 7 9 West Bengal 1 136 280 9 TOTAL 10 5157 5763 395 *Data as on 31.07.2025 Source: As provided by the respective High Courts on the Department of Justice Dashboard. 3Annexure-II State/UT-wise details of funds released for the special MP/MLA Courts Sl. Name of the States/UTs Total Fund Released (Rs) No. 1 Andhra Pradesh 1,30,00,000 2 Delhi 2,60,00,000 3 Karnataka 3,90,00,000 4 Madhya Pradesh 2,60,00,000 5 Maharashtra 2,58,00,000 6 Tamil Nadu 2,60,00,000 7 Telangana 1,30,00,000 8 Uttar Pradesh 1,30,00,000 9 West Bengal 1,30,00,000 10 Bihar* 65,00,000 11 Kerala* 65,00,000 TOTAL 20,78,00,000 * Special courts of Bihar and Kerala were discontinued as per the Apex Court's direction dated 04.12.2018 4

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