Supreme Court: Govt Should Not Withdraw Cases Against MP, MLA Without Approval from High Court

The Supreme Court on Wednesday, 25 August, observed that a government should take the approval of the respective high court before withdrawing criminal cases filed against MPs and MLAs.

The top court emphasized that there is nothing wrong in withdrawing cases of malicious prosecution, but the high court must examine such cases.


The original Constitution of 1950 envisaged a Supreme Court with a Chief Justice and 7 puisne Judges – leaving it to Parliament to increase this number. The Supreme Court of India comprises the Chief Justice and 30 other Judges appointed by the President of India. Supreme Court Judges retire upon attaining the age of 65 years. (Art 124)

          In order to be appointed as a Judge of the Supreme Court, a person must be a citizen of India and must have been, for at least five years, a Judge of a High Court or of two or more such Courts in succession, or an Advocate of a High Court or of two or more such Courts in succession for at least 10 years or he must be, in the opinion of the President, a distinguished jurist.(Art 124)

        Provisions exist for the appointment of a Judge of a High Court as an Ad-hoc Judge of the Supreme Court(Art127)) and Chief Justice of India at any time, with the previous consent of the President request for retired Judges of the Supreme Court or High Courts to sit and act as Judges of that Court.(Art128)         Similarly, under Article 224A, even retired high court judges can be appointed as ad-hoc judges to HCs.(15th Amendment



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