30% of MPs and MLAs Face Serious Criminal Cases

Syllabus: GS2/ Polity and Governance

Context

• An analysis of MPs and MLAs across India shows that 31% of Members of Parliament (MPs) and 29% of Members of Legislative Assemblies (MLAs) have declared serious criminal charges against them.

Criminalisation of politics

• Criminalisation of politics refers to the growing participation of individuals with criminal backgrounds in electoral politics.
  • A serious criminal charge includes offences where the maximum punishment is five years or more, or those that are non-bailable.
• In the Lok Sabha, the share of MPs facing serious criminal cases has more than doubled, from 14% in 2009 to 31% in 2024.
  • In the Assemblies, the share was 29% in 2024, which accounts for more than 1,200 MLAs.
• Telangana had the highest share of MPs with serious criminal cases (71%), followed by Bihar (48%).
  • Uttar Pradesh recorded the highest absolute number at 34.
• Andhra Pradesh had the highest share of MLAs with serious criminal cases at 56%, followed by Telangana (50%).
  • Uttar Pradesh recorded the highest absolute number (154 MLAs or 38% of its total).

Reasons of Criminalisation of politics

• Weak Disqualification Laws: The Representation of the People Act, 1951 (RPA) disqualifies candidates only after conviction.
  • Since trials take years, tainted candidates contest multiple elections before any judgment.
• Money and Muscle Power: Criminals with financial resources and local influence are seen as “winnable” candidates.
• Low Voter Awareness: Affidavits disclose candidate details, but many voters remain unaware or vote on caste/religious lines.
• Party Complicity: Parties often justify fielding tainted candidates by citing “popularity” and “electoral chances.”
• Judicial Delays: Frequent adjournments and politically motivated withdrawal of cases allow criminals to escape conviction.
• Nexus Between Politicians, Bureaucrats, and Criminals: First highlighted by the Vohra Committee Report (1993), which warned of deep collusion between crime syndicates, politicians, and state machinery.

Impact of Criminalisation of Politics

• Erosion of Democratic Values: It undermines the principle of free and fair elections and voters are left with restricted choices, weakening the spirit of representative democracy.
• Corruption: The presence of criminal elements escalates electoral malpractices such as voter intimidation, booth capturing, and the use of black money in campaigns.
• Decline of Public Trust: Repeated election of tainted representatives, lead to declining voter turnout and weakening people’s faith in democratic institutions.
• Distortion of Policy-Making: Elected representatives use political power to protect personal and criminal networks and divert policy-making away from public interest and encourage clientelism.

Key Committee Recommendations

• The Law Commission’s 244th Report (2014) recommended disqualifying politicians from contesting elections as soon as charges are framed against them for offenses that carry a maximum punishment of five years or more.
  • The report specifically recommended expediting trials for sitting MPs and MLAs by establishing fast-track courts.
• The National Commission to Review the Working of the Constitution in its 2002 report recommended measures to enhance the accountability of political parties, including the statutory audit of party expenses and the disclosure of candidates’ assets and liabilities. 
• Indrajit Gupta Committee (1998) & 2nd ARC (2007) recommended partial state funding of elections to curb the use of black money and reduce corruption.

Supreme Court Interventions

• In Lily Thomas v. Union of India (2013), the Court ruled that any sitting MP, MLA, or MLC would be immediately disqualified upon conviction for a crime with a sentence of two years or more.
• In Public Interest Foundation v. Union of India (2018), the Court directed political parties to publicize the criminal records of candidates, detailing the nature of offences and charges.
• In 2020, the Supreme Court of India ordered political parties to publish details of candidates with pending criminal cases on their websites, social media, and in newspapers, along with the reasons for their selection, within 48 hours of candidate selection.

Way Ahead

• Implement Law Commission recommendations, disqualify candidates at charge-framing stage for heinous offences.
• Fast-track courts, Ensure trial completion within 1 year for cases against legislators.
• Political Party Accountability: Parties must be penalised for repeated selection of tainted candidates.
• State Funding & Transparency: Reduce money power by funding recognised parties and improving campaign finance disclosures.

Source: TH