4,000 cases Pending Against MPs, MLAs

Syllabus: GS2/Polity and Governance

Context

• As per the report submitted before the Supreme Court, a total of 4,192 cases against sitting and former MPs and MLAs are pending trial across the country.

About

• Chief Ministers of 14 of 28 states have criminal cases against them pending trials.

Reasons of Criminalisation of Politics

• Weak Disqualification Laws: As per the Representation of the People Act, 1951 (RPA) disqualification of the candidates occurs only after conviction. Since trials take years, candidates contest multiple elections before any judgment.
• Money and Muscle Power: Candidates 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 at times justify the candidature on the basis of popularity and electoral chances.
• Judicial Delays: Due to the frequent adjournments and long duration of judicial processes criminals escape conviction.

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.

Key Committee Recommendations

• Indrajit Gupta Committee (1998) & 2nd ARC (2007) recommended partial state funding of elections to curb the use of black money and reduce corruption.
• 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. 
• 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.

Supreme Court Interventions

• Union of India v. Association for Democratic Reforms 2002: The Supreme Court upheld a High Court order mandating the Election Commission to obtain and disclose to the public background information relating to candidates running for office.
  • The information includes information on their assets, criminal records, and educational background.
  • It held that the right to know about public officials is derived from the constitutional right to freedom of expression.
• 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.
• Rambabu Singh Thakur v. Sunil Arora (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.
• SC Directions for Speedy Trials:
  • In 2017, the Supreme Court ordered the setting up of 12 special courts in 10 states, UTs for speedy trials in criminal cases involving legislators. 
  • In 2018, it directed that one designated Sessions Court and one designated Magisterial Court be identified in every district to try cases on priority.
  • In 2023, the SC directed the Chief Justices of all HCs to register suo motu cases to monitor the early disposal of such cases and empowered special benches to issue directions for expeditious trials.
  • Despite the Supreme court’s directions, the pendency had remained at roughly the same level.

Conclusion

• The criminal background of the elected representatives undermines democratic governance, weakens the rule of law, and erodes public trust in institutions. 
• The issue needs to be addressed with the electoral reforms, speedy trials of the cases, transparency in political funding and informed voter participation.

Source: IE