31% of Rajya Sabha MPs Have Declared Criminal Cases as per ADR Report | Current Affairs | Vision IAS

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In Summary

  • 69 of 226 Rajya Sabha MPs analyzed have criminal records; 36 face serious charges like murder or crimes against women.
  • Politico-criminal nexus, candidate winnability, and judicial delays contribute to the criminalization of politics.
  • Measures include RPA, 1951 disqualifications, committee recommendations, and SC judgments mandating disclosure and immediate disqualification.

In Summary

Association for Democratic Reforms (ADR) and National Election Watch (NEW) have analyzed and updated the criminal, financial and other background details of Rajya Sabha MPs highlighting Criminalisation of Politics.

Key Highlights of the Report

  • Criminal Cases: 69 of 226 analysed Rajya Sabha MPs have declared criminal records.
  • Serious Criminal Cases: 16% (36) face serious charges (e.g., murder, crimes against women). 
    • As per ADR, serious Criminal offence is a non-bailable, cognizable crime punishable by five or more years, encompassing violent acts, crimes against women or children, corruption, electoral violations, and financial loss to the exchequer.
  • Financial Might: 14% (31) of sitting Rajya Sabha MPs are billionaires and average assets of overall Rajya Sabha MPs stands at ₹115.25 crores.

Criminalisation of Politics: Reasons

  • Politico-Criminal Nexus: Mutual dependence for campaign finance and muscle power, as highlighted by the N.N. Vohra Committee (1993).
  • Candidate Winnability: Political parties prioritize candidates' deep pockets and local influence over clean records.
  • Judicial Delays: Sluggish trial processes fail to adequately deter criminals.
    • Nearly 45% (1,861) of MLAs across India have declared criminal cases.

Measures Taken 

  • Legislative & Institutional Steps: Section 8 of the RPA, 1951, disqualifies convicted representatives from holding office. Section 33A (RPA 51) requires pending case affidavits. 
  • Committees & Commissions: The Goswami Committee(1990), Law Commission (170th & 244th), 2nd ARC (2008) urged mandatory disclosures, barring those charged with serious offences, etc.
  • Judicial Pronouncements: 
    • The ADR Case (2002) mandated disclosing criminal antecedents and assets. 
    • Lily Thomas (2013) struck down RPA Section 8(4) for immediate disqualification. 
    • Public Interest Foundation (2019) mandated publishing criminal records.
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Public Interest Foundation case

A Supreme Court case where directions were issued to make the criminal records of candidates contesting elections publicly accessible to enhance transparency and informed voting.

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A landmark Supreme Court judgment in 2013 that struck down Section 8(4) of the Representation of the People Act, 1951, mandating immediate disqualification of convicted lawmakers.

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A commission established to recommend reforms in public administration. Its recommendations regarding the Lokpal, including keeping the Prime Minister out of its jurisdiction for official conduct inquiries (except by Parliament) and providing constitutional backing, are mentioned.

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