Ever thought how competent our representatives are in terms of ruling the country towards a better society? Ever wondered how many criminal cases are there charged against Members of Parliament and Members of Legislative Assembly. As the election 2019 is round the corner all these cases are to be considered by the voters of our country. Each and every individual before voting should analyse the persons contesting for election because “We are responsible for our country’s poor performance as we are the people who elects the person with whom the responsibility is vested”.

The issue regarding criminal MLA’s and MP’s contesting in election has been brought before the Supreme Court of India. The Supreme Court had declined to bar election candidates with charge-sheets in criminal cases from running for office, and issued directions with a view to curb the criminalisation of politics. The Five-Judge Constitution bench, headed by Chief Justice Dipak Misra, had reserved its verdict on August 28, 2018.

The Court said candidates must declare their criminal antecedents, and that political parties must put these up on their websites. The Supreme Court also stated Parliament should make a law to ensure candidates with criminal antecedents don’t enter public life and take part in law-making. The court also said parties should issue declarations and give the antecedent’s wide publicity in the electronic media.

The Supreme Court thereby refused to debar politicians facing criminal charges from contesting elections. The Supreme Court, however, left it to Parliament to frame laws to keep criminals away from politics and law making process. Under the Representation of Peoples Act, lawmakers are barred from running for office only after being convicted in criminal cases.

PARTY-WISE SCENARIO

Members of Parliament

The Association for Democratic Reforms has analysed the Members of Parliament and sorted the number of members with criminal and serious criminal charges. The Association for Democratic Reforms has analysed a total of 770 Members of Parliament and it was found that 30% of the Members of Parliaments are charged with criminal offences. It is also found that 17% of the Members of Parliament are charged with serious criminal offences. This is a mind-blowing factor that some of the elected representatives are faced with criminal charges.

Now coming into detail: The Bharatiya Janata Party (BJP) accounts for 32% (107) of the list of party wise MPs with declared criminal cases. Secondly, Shivsena (SHS) accounts for 86% (18). Thirdly, Indian National Congress (INC) accounts for around 15% (15).

The Members of Parliament are also charged with serious criminal offences. As per the report a total of 134 Members of Parliament are serious offenders. The Bharatiya Janata Party (BJP) accounts for 19% (64) of the list of party wise MP’s with declared serious criminal cases. Secondly, Shivsena (SHS) accounts for 48% (10). Thirdly, Indian National Congress (INC) accounts for around 8% (8).

This analysis shows how much elected Members of Parliament are charged with criminal offences and serious criminal offences. It is seen that as per the report the section “Others” does not have any criminal records as per the findings of the Association for Democratic Reforms.

Members of Legislative Assembly

The Members of Legislative Assembly was also analysed by the Association for Democratic Reforms. The Association for Democratic Reforms has analysed a total of 4083 Members of Legislative Assembly and it was found that 33% of the Members of Legislative Assembly are charged with criminal offences. It is also found that 22% of the Members of Legislative Assembly are charged with serious criminal offences.

Now coming into detail: The Bharatiya Janata Party (BJP) accounts for 31% (451) of the list of party wise MLAs with declared criminal cases. Secondly, Indian National Congress (INC) accounts for 26% (203). Thirdly, Communist Party of India (Marxist) accounts for around 67% (68).

The Members of Legislative Assembly are also charged with serious criminal offences. As per the report a total of 891 Members of Legislative Assembly are serious offenders. The Bharatiya Janata Party (BJP) accounts for 20% (295) of the list of party wise MLA’s with declared serious criminal cases. Secondly, Indian National Congress (INC) accounts for 17% (134). Thirdly, Communist Party of India (Marxist) accounts for around 31% (32).

This analysis shows how much elected Members of Legislative Assembly are charged with criminal offences and serious criminal offences. It is seen that as per the report the section “Others” does not have any criminal records as per the findings of the Association for Democratic Reforms.

STATE-WISE SCENARIO

Now as per the analysis in the state-wise manner it is seen that out of 4083, 1355 (33%) are charged with criminal offences. Maharashtra has the most number of representatives charged with criminal offences which accounts for 160 (57%). Secondly, comes Uttar Pradesh which accounts for 144 (36%). Thirdly, Bihar accounts for 140 (58%).

When looking into proportion of the percentage of MLA’s that are charged with criminal offences Jharkhand, Kerala and Bihar tops the list. Jharkhand accounts for 63% (50 out of 80), Kerala accounts for 62% (86 out of 139) and finally Bihar accounts for 58% (140 out of 243).

Regarding serious criminal offences it is noticed that 891 (22%) of the Members of Legislative Assembly are charged with such offences. In terms of percentage, Jharkhand has the most number of Members of Legislative Assembly 49% (39). Secondly, comes Bihar with 40% (96). Thirdly, Maharashtra and Telangana accounts for 39% each (111 & 47).

When looking at the numbers of MLA’s that are charged with serious criminal offences Maharashtra, Uttar Pradesh and Bihar tops the list. Maharashtra accounts for 111 (39%), Uttar Pradesh accounts for 108 (27%) and Bihar accounts for 96 (40%).

It is to be noted that Sikkim has no Members of Legislative Assembly being charged with serious criminal offences. Mizoram is the only state where there are criminal free Members of Legislative Assembly.

CONCLUSION

The fact that the Member of Parliament and Member of Legislative Assembly should be elected properly is deniable. The power to make laws is vested upon them and when a law is passed with other intentions it would not only lead to internal crisis but also how the world sees our country. India has a lot of potential, let us pave way for the good governance, for better leaders to come forward and choose the best representatives to run the country for the benefit of our people. Remember individual voters we are the power, we choose our representatives and without us they are nothing.