The MLA-MP courts are an institutional mechanism of Special Courts established in India to ensure the expeditious trial of criminal cases against sitting and former Members of Parliament (MP) and Members of Legislative Assemblies (MLA). The concept originated from a Supreme Court of India directive, following a writ petition filed by advocate Ashwini Kumar Upadhyay in 2016, to address the thousands of long-pending criminal cases against elected representatives. The Supreme Court issued orders on November 1, 2017, and December 14, 2017, directing the Union Government to set up these courts to tackle the problem of the criminalization of politics.
The Union Government initially facilitated the setting up of 12 Special Courts across states. These courts are established under the general power granted to Parliament by Article 247 of the Constitution to create additional courts. The core mechanism is to be "offender-specific," focusing on the accused's status as a legislator, though this has been a point of debate. The courts have jurisdiction to try all cases against former and sitting legislators, irrespective of their status at the time the offence was committed.
The system connects directly to the Representation of the People Act, 1951, which governs the disqualification of lawmakers upon conviction under its Section 8. In a significant development, the Supreme Court, in November 2023, directed High Courts to register suo motu cases to monitor the progress of trials monthly and ensure cases are concluded expeditiously, preferably within one year of the framing of the charge. This recent amendment shifted the primary monitoring responsibility to the High Courts to better manage the large number of pending cases.