30% of MPs and MLAs Are Confronted with Serious Criminal Charges

Politicization of crime

The criminalisation of politics pertains to the increasing involvement of individuals with criminal histories in electoral politics.

A severe criminal charge encompasses offenses with a maximum penalty of five years or longer, or those that cannot be bailed.

In the Lok Sabha, the proportion of MPs with serious criminal cases has more than doubled, rising from 14% in 2009 to 31% in 2024.

In the Assemblies, the percentage was 29% in 2024, representing over 1,200 MLAs.

Telangana recorded the largest proportion of MPs with severe criminal cases (71%), trailed by Bihar (48%).

Uttar Pradesh noted the largest total with 34.

Andhra Pradesh recorded the largest proportion of MLAs facing serious criminal charges at 56%, with Telangana coming next at 50%.

Uttar Pradesh noted the largest total count (154 MLAs or 38% of its overall).

Causes of Politicization of Crime

Laws on Disqualification are Lax: The Representation of the People Act, 1951 (RPA) disqualifies individuals solely upon conviction.

Due to lengthy trials, compromised candidates participate in several elections prior to any ruling.

Financial Resources and Local Influence: Offenders possessing monetary means and community sway are perceived as "viable" contenders.

Limited Voter Awareness: Affidavits reveal candidate information, yet numerous voters stay uninformed or cast votes based on caste or religion.

Party Complicity: Parties frequently defend nominating controversial candidates by referencing “popularity” and “electoral prospects.”

Judicial Hold-ups: Repeated postponements and politically driven dismissal of cases enable offenders to evade punishment.

Connection Among Politicians, Bureaucrats, and Criminals: Initially emphasized by the Vohra Committee Report (1993), which cautioned about significant collusion among crime syndicates, politicians, and governmental institutions.

Consequences of Politicization of Crime

Erosion of Democratic Principles: It jeopardizes the foundation of impartial elections, leaving voters with limited options, diminishing the essence of representative democracy.

Corruption: The involvement of criminal entities increases electoral misconducts like voter harassment, booth seizing, and the employment of illicit funds in elections.

Decrease in Public Confidence: The continual election of compromised officials results in lower voter participation and undermines individuals' trust in democratic systems.

Distortion in Policy Formulation: Elected officials leverage political authority to safeguard personal and illicit networks, steering policy development away from the public good and promoting clientelism.

Essential Committee Suggestions

The 244th Report of the Law Commission (2014) suggested that politicians should be barred from running for elections once charges are formally filed against them for offenses punishable by five years or longer.

The report specifically suggested speeding up trials for current MPs and MLAs through the creation of fast-track courts.

In its 2002 report, the National Commission to Review the Working of the Constitution suggested actions to improve the accountability of political parties, such as mandating audits of party expenditures and requiring the disclosure of candidates’ assets and liabilities.

The Indrajit Gupta Committee (1998) and the 2nd ARC (2007) suggested implementing partial state funding for elections to limit the use of black money and diminish corruption.

Interventions by the Supreme Court

In Lily Thomas v. Union of India (2013), the Court determined that any incumbent MP, MLA, or MLC would be instantly disqualified upon being convicted of an offense carrying a sentence of two years or longer.

In Public Interest Foundation v. Union of India (2018), the Court mandated that political parties disclose the criminal histories of candidates, specifying the types of offences and charges.

In 2020, the Supreme Court of India mandated that political parties disclose information about candidates who have unresolved criminal cases on their websites

Way Ahead: Follow the Law Commission's advice and disqualify candidates at the charge-framing stage for serious crimes.

Quick-track courts, Make sure that cases against lawmakers are finished within a year.

Political Party Accountability: Parties should be punished for choosing bad candidates over and over again.

State Funding and Transparency: Give less power to money by giving money to well-known parties and making campaign finance disclosures better.