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Rising Criminalisation in Politics
Context:
31% of MPs and 29% of MLAs in India face serious criminal charges, reflecting a rising trend of criminalisation in politics.
Definition of Serious Criminal Charges
- Offences punishable with five years or more imprisonment or non-bailable offences are classified as serious criminal charges.
- Such cases include offences like murder, attempt to murder, kidnapping, and crimes against women.
Trend in Parliament
- In 2009, only 14% of MPs faced serious cases.
- By 2024, this figure rose to 31% of MPs, more than doubling in 15 years.
- Telangana had the highest share (71%) followed by Bihar (48%).
- Uttar Pradesh recorded the highest absolute number (34 MPs).
Trend in State Assemblies
- As of 2024, 29% of MLAs (over 1,200) had serious criminal charges.
- Andhra Pradesh topped the list (56%), followed by Telangana (50%).
- Uttar Pradesh had the highest absolute number with 154 MLAs (38%).
Party-Wise Distribution
- BJP: Highest absolute number — 63 MPs (26%) and 436 MLAs (26%).
- Congress: 32 MPs (32%) and 194 MLAs (30%).
- RJD: 100% of its 4 MPs and 62% of its MLAs had serious cases.
- TDP: 61% of its MLAs faced serious charges.
Constitutional and Judicial Perspective
- Article 102 & 191: Disqualification of MPs/MLAs upon conviction (not charges).
- Supreme Court Judgments:
- Association for Democratic Reforms (2002) – Mandatory disclosure of criminal records.
- Lily Thomas v. Union of India (2013) – Immediate disqualification upon conviction.
- Law Commission (244th Report, 2014): Recommended disqualification upon framing of charges for serious offences.
Implications for Democracy
- Undermines rule of law and weakens public trust in democratic institutions.
- Leads to criminal capture of politics, reducing governance efficiency and integrity.
- Urgent reforms needed: electoral disqualification at the stage of framing charges, strengthening fast-track courts, and public awareness through voter education.
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